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Archive: 10 July 2015

Posts in 10 July 2015

Invocation of rule 8D without recording objective satisfaction by the Assessing Officer is not proper

July 10, 2015 895 Views 0 comment Print

In the case of DCIT vs. M/s Jindal Photo Limited in I.T.A. No. 814/Del/2011, the Delhi Bench of the Tribunal has also expressed similar view, in which it has been held that satisfaction of the Assessing Officer is pre-requisite to invoke the provisions of Rule 8D.

Modvat cannot be denied only the basis of statement recorded without providing assessee opportunity to cross examine evidences

July 10, 2015 775 Views 0 comment Print

In the present case, it was found that the input supplier supplied input accompanied with Central Excise invoice. There is no dispute of genuinity of invoice. It is clearly evident from the statement of input supplied by the transporter. In such a situation

Losses incurred by eligible units u/s 10B not allowed to be set off against income of other units

July 10, 2015 1427 Views 0 comment Print

It was held that the eligible profits are not to be subjected to the adjustment under Section 72 of the Act, and the brought forward loss from the unit eligible for the relief under Section 10B cannot be adjusted against the profits from the other units

Packaging services cannot be considered to be availed directly or indirectly in maintaining/protection of Trade Mark

July 10, 2015 2217 Views 0 comment Print

As far as the invocation of extended period is concerned tribunal observed that improper credit taken which was detected by the department officers only. At no stage of appellant approached the department for any guidance that there was any confusion in admissibility of credit on the impugned services.

No full waiver of pre-deposit unless assessee proves that undue hardship is caused

July 10, 2015 1544 Views 0 comment Print

It is now settled position of law that, while considering the application for waiver of pre-deposit, the Tribunal or the Appellate Authorities are directed to take into consideration three factors namely, prima facie case, undue hardship and the interest of Revenue.

The Mulct of Stamp Duty on Share Certificates

July 10, 2015 4686 Views 3 comments Print

Indian Stamp Act, 1899 is a fiscal statute by which the Union and State Governments can garner more revenue. In India for every document, not exempted by the Act, executed whether in India by any person or outside India stamp duty has to be paid. Moreover, failure to pay stamp duty attracts heavy penalty.

Accounting for Deferred Tax provisions under Accounting Standard (AS)-22

July 10, 2015 13650 Views 0 comment Print

Accounting Standard (AS)-22 Accounting for Taxes on income prescribe accounting treatment for taxes on income. Taxes on income is one of the significant items in the statement of profit and loss of an enterprises. In accordance with the matching concept, taxes on income are accrued in the same period as the revenue and expenses to which they relate

Saying Sorry is Difficult. But If Done, Makes You Feel Awesome!!

July 10, 2015 2483 Views 0 comment Print

This article is very special as it doesn’t relate to any career guidance or mentoring I generally do. This article is inspired from a real life incident that happened with me couple of weeks back when I acted in a way I shouldn’t have and later how I made it good by a simple apology. […]

Fee levied u/s 234E while processing TDS statement is beyond scope of adjustment provided u/s 200A

July 10, 2015 20190 Views 0 comment Print

G. Indhirani Vs. DCIT (ITAT Chennai) The only issue arises for consideration is with regard to levy of fee under Section 234E of the Income-tax Act, 1961 while processing the statement furnished by the assessees under Section 200A of the Act which was held as unsustainable

CBDT restricts issue of Manual Refunds by Assessing Officers

July 10, 2015 16777 Views 0 comment Print

AST Instruction No. 136 The functionalities for passing orders u/s 143(1) (a)/ 143(3)/154/ appeal effects/ penalty exist on the system and, progressively, AOs are mostly issuing orders on the system from AY 2011-12 onwards. The CBDT has repeatedly instructed that in all cases orders must be passed on the system.

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