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Archive: July, 2015

Posts in July, 2015

Separate or disassemble parts of plant, even if assembled abroad, considering size of the plant, quality for exemption u/s 10B

July 4, 2015 742 Views 0 comment Print

It would be incongruous and inappropriate in the context of Section 10B of the Act to hold that the respondent-assessee, an 100% export oriented unit, who had refurbished a mini cement plant in Zambia and established a mini steel mill in Kazakhstan

Disallowance cannot be made U/s. 40(a)(ia) for Short Deduction of TDS

July 4, 2015 7972 Views 0 comment Print

S. 40(a)(ia) can be invoked only when the two conditions, namely, that tax is deductible at source and such tax has not been deducted is satisfied. Where tax is deducted by the assessee under a wrong provision of TDS and there is a shortfall, s.40 (a) (ia) disallowance cannot be made.

Section 158BD- Satisfaction note and notice to receiver of amount on behalf of others is valid

July 4, 2015 952 Views 0 comment Print

That once the AO became aware that the property was not owned by the assessee and that he had received the amount on someone else’s behalf, notice could not have been issued under Section 158BD. He urged that this Court should not interfere with the ITAT’s order on this ground alone.

Capital Gains for Resident Individual & HUF – F.Y. 2014-15

July 4, 2015 16485 Views 0 comment Print

I have prepared a chart on the subject matter of Capital Gain for FY 2014-15 on Shares and Mutual Funds after considering the recent amendments related to changes in taxation of shares and Mutual fund and Considering the complexity involved in the matter. I have tabulated information for quick reference and the same are self explanatory :-

Export benefits cannot be denied even when export proceeds are not realized

July 4, 2015 4436 Views 0 comment Print

Whether the benefit of export can be denied on account of non-realisation of export proceeds when goods are exported without payment of Excise duty under Bond?

VAT liability of builders & developers for the period 01.04.2014 to 13.07.2014 in Rajasthan

July 4, 2015 4307 Views 0 comment Print

In my opinion, in the present scenario collection of taxes from builders and developers in the State of Rajasthan for the period between 1st April 2014 to 13th July 2014 would not be valid proposition as analyzed on the basis of principles laid down by Hon’ble Apex Court and Punjab and Haryana High Court.

Does benefit of Job Work in the manufacturers premises eligible for benefit of Notification 67/95-CE?

July 4, 2015 1829 Views 0 comment Print

Hon’ble Tribunal held that benefit of Notification 67/95-CE shall not be available agreeing with the argument of the department. However, it was held that the said transaction would be undoubtly be covered under Rule 4(5)(a) and thus the demand was dropped.

Know Your College – Which colleges and course to join

July 4, 2015 1096 Views 0 comment Print

With the time for admission to colleges having arrived, there is often confusion in the minds of students regarding which colleges to join and the courses to be taken up. To help the students make an informed decision on the choice of college and the courses, the Ministry of Human Resource Development, Government of India […]

Notification of Black Money Rules and issue of Explanatory Circular

July 4, 2015 2204 Views 0 comment Print

Notification of Black Money Rules and issue of Explanatory Circular for Compliance Window under Black Money Act The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Rules, 2015 (the Rules) have been notified vide notification no. G.S.R. 529 (E) dated 02-07-2015. These Rules provide the method of determination of Fair Market Value […]

Competition Commission of India (CCI) Amends its Combination Regulations

July 3, 2015 765 Views 0 comment Print

Competition Commission of India (CCI) Amends its Combination Regulations; The Proposed Amendments Provide Flexibility to Parties Regarding Signing of the Notice; Form-I Required to be Filed for Notifying Combination Revised As part of its ongoing and regular efforts to make M&A filing requirements simpler and readily acceptable to various stakeholders, the Competition Commission of India […]

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