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Archive: 11 August 2015

Posts in 11 August 2015

Search Assessment can be made only on the basis of incriminating material found during search

August 11, 2015 1322 Views 0 comment Print

In an appeal no.523/2013, the assessee was engaged in the operation of a Container Freight Station (CFS). It filed a return of income on 08.10.2008 declaring total income at Rs. Nil after claiming deduction of Rs.210713675/- u/s 80IA(4) of the Income Tax Act,1961

Applicability of Turnover (Rs. 50 Cr.) based exemption from LBT

August 11, 2015 40354 Views 8 comments Print

The Local Body Tax called as LBT was introduced in Maharashtra in April 2013, replacing Octroi for certain cities other than Mumbai. Maharashtra Provincial Municipal Corporations Act, 1949, is the Act under which levy of LBT is being made in certain municipal corporations.

Supreme Court Stays Imposition of Service Tax on Lawyers

August 11, 2015 18743 Views 1 comment Print

Supreme Court bench comprising Chief Justice H.L. Dattu, Justice A.K. Mishra and Justice Amitava Roy has stayed the Bombay High Court’s order, dated 15.12.2014 in the case of P.C. Joshi Vs. Union of India of dismissing the petition challenging levy of service tax on lawyers.

Issue of Share at Premium- Modus Operandi of Conversion of Black Money into White

August 11, 2015 6537 Views 0 comment Print

In these cases there are 18 different assessees who filed appeal before ITAT aggrieved from the order u/s 263 passed by CITs. In original proceedings AO passed orders with nominal additions after investigation by way of summoning various subscribers to share capital of assessee companies.

SEBI (Issue of Capital and Disclosure Requirements) (Third Amendment) Regulations, 2015

August 11, 2015 1189 Views 0 comment Print

(ga) the issuer or promoter or promoter group or director of the issuer hasnot settled any alleged violation of securities laws through the consent or settlement mechanism with the Board during three years immediately preceding the reference date

Acceptance of Deposit from Members in Case of Private Limited Company

August 11, 2015 87152 Views 2 comments Print

A Private Company (Non-NBFC) is permitted to accept monies (whether secured or unsecured) from its members up to a maximum of 100% of aggregate of its paid up capital and free reserves (which does not include securities premium). This is however, subject to the condition of intimation of details to ROC in prescribed manner.

No separate addition can be made when net profit is estimated by rejecting book results

August 11, 2015 5508 Views 0 comment Print

In the case of Brahamanand Agarwal, Thekhedar Vs. DCIT Jaipur Bench of ITAT have held that when net profit is estimated by AO by rejecting the book result U/s 145(3) of the Act, no separate addition can be made on account of cash creditor.

TP adjustment for intra group services not sustainable where receipt of services & its benefits are beyond any doubt

August 11, 2015 1429 Views 0 comment Print

ITAT Jaipur held In the case of M/s. Gillette India Ltd. vs. ACIT that the services availed are intra-group services in the nature of Accounting and Financial Reporting Services, Employee services etc. . These are routinely outsourced by no. of companies in India and other countries because of their economic

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