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Archive: July, 2015

Posts in July, 2015

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

July 10, 2015 20667 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 17980 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.

Issuance of notice u/s 153C without recording any satisfaction is bad in law

July 10, 2015 1449 Views 0 comment Print

CIT Vs. Mechmen (Madhya Pradesh High Court) In this case court observed that satisfaction was not recorded by the AO before issuing notice u/s 153C which is a fact decided by ITAT. No paper or document was seized against the assessee in the search operation.

Liaison / Branch / Project Offices of foreign entities in India – FAQs

July 10, 2015 5189 Views 0 comment Print

Foreign companies/entities desirous of setting up of Liaison Office / Branch Office (LO/BO) are required to submit their application in Form FNC along with the documents mentioned therein to the General Manager, Foreign Exchange Department, Central Office Cell, Reserve Bank of India, New Delhi Regional Office, 6, Parliament Street, New Delhi-110 001, India through an Authorised Dealer bank. This form is available at www.rbi.org.in

India and US signs Agreement to Implement Foreign Account Tax Compliance Act

July 10, 2015 831 Views 0 comment Print

India and United States Signs Inter Governmental Agreement (IGA) to Implement the Foreign Account Tax Compliance Act (FATCA) to Promote Transparency on Tax Matters Mr. Shaktikanta Das, Revenue Secretary of India and Mr. Richard Verma, U.S. Ambassador to India signed here today , an Inter Governmental Agreement (IGA) to implement the Foreign Account Tax Compliance […]

CBDT issues Information Security Guidelines to stop inappropriate disclosure of taxpayer's info

July 10, 2015 5727 Views 0 comment Print

CISO INSTRUCTION NO 1 Dated: July 10, 2015 Confidentiality of taxpayer information has always been a fundamental cornerstone of tax systems. The tax administration is obliged to keep the information submitted by the taxpayers, including their sensitive financial and personal information, confidential and is required to take steps to ensure that they are not disclosed inappropriately, either intentionally or by accident.

Anti-dumping duty on imports of Phenol, originating in or exported from South Africa

July 10, 2015 1195 Views 0 comment Print

Notification No. 32/2015-Customs (ADD) Dated- 10th July, 2015 Seeks to levy definitive anti-dumping duty on imports of Phenol, originating in or exported from South Africa for a period of five years. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be paid in Indian currency.

A brief on Secretarial Standard 1

July 10, 2015 2918 Views 0 comment Print

CS Raghav Bansal SECRETARIAL STANDARD-1 Today companies are not isolated entity they have crossed the borders have internationally recognized so there is a clear need to bring uniformity in secretarial standards and thus introduction of Secretarial Standard-1 has timely and appropriate. Secretarial Standard also intends to reduce the ambiguity in law and to adopt best […]

ITR-V filing date for A.Y. 2013-14 extended to 31st October 2015

July 10, 2015 4140 Views 0 comment Print

Notification No. 1/2015 – Income Tax The date for filing ITR-V for returns e-Filed for A.Y 2013-14 (filed on or after 1st April 2014 till 31st March 2015) and for A.Y 2014-15 (filed on or after 1st April 2014 till 30th June 2015) extended till 31st October 2015 vide Notification No. 1/2015 dated

Section 206AA v/s 90(2)- Which will prevail over other

July 9, 2015 7315 Views 0 comment Print

One of the decisions rendered by the Bangalore ITAT in the year 2012 relating to Section 206AA, in case of Bosch Ltd. (141 ITD 38) confirming its ability to Override the provisions of the Entire Income Tax Act. However as regards dispute that was there before the Hon. bench was only with regard to Section 139A(8)(d) read with Rule 114C and 206AA.

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