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Archive: June, 2015

Posts in June, 2015

LTCG on sale of equity shares is allowed to be set off against LTCG on sale of land

June 13, 2015 4304 Views 0 comment Print

A distinction to be drawn whether the entire source of income is exempt or only a part of source is exempt. Section 10(38) excludes in expressed terms only the income arising from transfer of Long term capital asset being equity share or equity fund which is chargeable to STT and not entire source of income from capital gains arising from transfer of shares.

Positioning Of Internal Audit In Corporate Framework

June 13, 2015 4034 Views 0 comment Print

The scope of internal auditing within an organization involves topics such as an organization’s governance, risk management and management controls. Internal auditing may also involve conducting proactive fraud audits to identify potentially fraudulent acts; participating in fraud investigations under the direction of fraud investigation professionals, and conducting post investigation fraud audits to identify control breakdowns and establish financial loss.

Service tax on Amusement Parks and Entertainment events

June 13, 2015 34397 Views 7 comments Print

Service Tax shall be levied on the service provided by way of access to amusement facility providing fun or recreation by means of rides, gaming devices or bowling alleys in amusement parks, amusement arcades, water parks and theme parks.

234E Fee deleted in the absent of the enabling provisions u/s 200A

June 13, 2015 30176 Views 0 comment Print

The Hon’ble Amritsar bench has given a landmark judgement on the issue of 234E Fee levied prior to June,2015 in the case of Sibia Healthcare Private Limited v./s Dy. Commissioner of Income-tax (TDS), in I.T.A. No.90/Asr/2015 and has deleted the addition-

Empanelment with Canara bank for Appointment as Concurrent Auditor

June 13, 2015 44520 Views 3 comments Print

Eligible/interested Proprietary Concerns / Firms / Companies, who are agreeable to the above terms & conditions, may apply online only in the application (click to apply), on or before 26.06.2015

Sale proceeds of Flags on Women’s Day Pursuant to govt. order are capital receipts

June 12, 2015 961 Views 0 comment Print

Assessing Officer found that the assessee has received a sum of Rs. 29,03,109/- on account of sale of Women’s Day Flags and the same has been credited to the capital fund and he treated the same as revenue receipt. On Appeal Honourable ITAT has held that sale proceeds of flags on Women’s Day are in the nature of capital receipts.

Date of credit in books is actual date of recording credit entry for determining point of TDS deduction liability

June 12, 2015 12255 Views 0 comment Print

According to the learned counsel for the department, the assessee company as per the provisions of section 195(1) was liable to deduct tax at source from the payment made to a non-resident of any sum chargeable under the provisions of the Act at the time of credit of such income to the account of the payee or at the time of payment

Section 68- Trade credits cannot be taxed as unexplained cash credit

June 12, 2015 3627 Views 0 comment Print

Assesse submitted, the additions made as cash credits being in nature of trade credits on account of purchase of sunflower seeds, thus, are not in the nature of cash credits as envisaged under section 68 and the same therefore cannot be added to the income of the assessee by invoking the said provision.

Penalty u/s 271(1)(C) can’t be levied in succeeding year if on similar/ identical disallowance, no penalty was levied in preceding year

June 12, 2015 2134 Views 0 comment Print

In the case of Asst Commissioner of Income Tax vs. Dhariwal Industries Ltd, Hon’ble ITAT has held that once issue on which penalty u/s 271 (1)(C)levied involves substantial question of law, then, no penalty is leviable.

Discount to distributors by telecom company is not in the nature of commission/brokerage

June 12, 2015 5412 Views 0 comment Print

Discount to distributors by Telecom Company is not in the nature of commission/brokerage and the roaming charges paid to other telecom operators are not in the nature of fee for technical services.

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