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Archive: July, 2015

Posts in July, 2015

Gift to be treated as genuine if identity of donors is genuine & source of gift stays explained

July 29, 2015 2114 Views 0 comment Print

In the impugned year the blood relation is not necessary for the gift to be a genuine gift, but the relationship matters a lot. In all the probabilities the gift is found to be genuine as the donors have explained the source of gift, copy of bank accounts, income tax return.

Factoring charges on sale cannot be termed as interest & not comes within the purview of section 2(28A)

July 29, 2015 5143 Views 0 comment Print

The Tribunal upheld the contention of the Assessee and also relied upon the judgment of the Hon’ble Calcutta High Court in the case of CIT vs. MKJ Enterprises which held that factoring charges were not interest and as such, provisions of TDS are not applicable.

Standards On Auditing- Compilation Of Important SA’s

July 29, 2015 7300 Views 0 comment Print

Why Auditing Standards are Important?? Auditing Standards are mandatory to be by followed by practitioners under the direction issued by the council of ICAI. If not complied with Auditing Standards in performing Assurance Engagement

GST Rates – An Unresolved Issue- GST Knowledge Series-3

July 29, 2015 1913 Views 0 comment Print

One of the crucial issue for successful implementation of GST relates to the determination of the GST rate. Since the GST is primarily intended as an exercise in reforming the consumption tax in India and not an exercise for additional resource mobilisation through discretionary changes, the CGST and SGST rates should be such rates which […]

TDS applicable on Karigar/ Embroidery charges but not on Purchase of Sarees

July 29, 2015 9959 Views 0 comment Print

The assessee is a dealer of sarees and AO while framing the assessment disallowed karigar /embroidery charges by invoking the provision of section 40(a)(ia) of the act for non-deduction of TDS u/s 194C of the Act.

Let-out Commercial Property is not to be considered as Asset for Wealth Tax purposes

July 29, 2015 2128 Views 0 comment Print

The Assessing Officer while computing the total wealth of the assessee added the value of the let-out properties i.e. godown and offices in the total wealth of the assessee for the purpose of calculating the wealth-tax.

All about Competition Act, 2002 – Part III

July 29, 2015 10296 Views 0 comment Print

We have understood the concepts and some important definition under the Competition Act, 2002. As we have considered the charging provisions of Sections 3 and 4, we have learned that the main object of the act is to promote competition and restrict any activities by any entity or group of entities to restrict competition in the market.

If department alleges collection of taxes, then burden to prove the same also lies on it

July 29, 2015 2938 Views 0 comment Print

In the present case it appears that the Commissioner has assumed that in respect of all the clearances, the appellant has collected Excise Duty. If the department makes the allegation that the appellant had collected money representing Excise Duty

Business claim allowable in the year in which it is incurred and not in the year of write off

July 29, 2015 532 Views 0 comment Print

The assessee company was engaged in the business of real estate development. Vide order of Hon’ble High Court, 19 Group companies engaged in similar business were merged in the assessee company w.e.f 01.04.1999.

Addition merely based on inference drawn from documents seized from third party is not valid

July 29, 2015 2900 Views 0 comment Print

The present case is related to search & seizure action carried out in case of Sh. S.K. Gupta (‘third party’) in respect of companies and other business entities which were controlled by him or owned by him or different individuals connected with him.

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