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Archive: 12 August 2015

Posts in 12 August 2015

In case of rejection of books, estimation of gross profit based on past history justified

August 12, 2015 2393 Views 0 comment Print

CIT vs. M/s Hind Agro Industries (ITAT Chandigarh) The assessee pleaded since it is not feasible to maintain stock register, therefore books should not be rejected CIT (A) upheld rejection of books , but considered G.P. rate taken by A.O. of previous year

Disallowance of expenditure for non deduction of tax at source – Implications and Explanations

August 12, 2015 23990 Views 2 comments Print

Disallowance of expenditure for deduction of tax at source but non payment of the same on or before the due date of filing of return of income: Sub-clause (i) of clause (a) of aforesaid section has been amended by the Finance (No. 2) Act, 2014 to provide that disallowance under the said sub-clause will be attracted,

Justice Has a Mountain to Climb, Of 31.3 Million Pending Cases

August 12, 2015 568 Views 0 comment Print

Constitution Of India reflects the quest and aspiration of the mankind for justice when its Preamble speaks of justice in all its forms: social, economic and political. Those who have suffered physically, mentally or economically, approach the Courts, with great hope, for redressal of their grievances believing that one day or the other, they would […]

Amount advanced for supply Material/Labour cannot be treated as deemed dividend U/s. 2(22)(e)

August 12, 2015 1070 Views 0 comment Print

In the case of Smt. Uppala Rajani Vs. DCIT Hyderabad Bench of ITAT have held that the amount advanced for business transaction between parties regarding supply of material and labour, are not such to fall within the definition of ‘deemed dividend’ under S.2(22)(e).

Sec. 271AAA-No penalty where demand paid before penalty order

August 12, 2015 1783 Views 0 comment Print

It was held that wherein entire tax and interest has been duly paid well within the time limit for payment of notice of demand under section 156 and well before the penalty proceedings were concluded, the assessee could not be denied the immunity under section 271AAA (2) only because entire tax, along with interest, was not paid before filing of income tax return or, for that purpose, before concluding the assessment proceedings.

CBI Register case against Custom’s Commissioner for causing loss of Rs. 74.61 crore to Government

August 12, 2015 712 Views 0 comment Print

The Central Bureau of Investigation has registered a case against Commissioner of Customs, ICD, Tughlakabad, Delhi; the then Dy. Commissioner, ICD, Tughlakabad, Delhi and a private person of Delhi on the allegations of showing favour to private companies in the release of duty drawback from ICD, Tughlakabad, Delhi and ICD, Patparganj, Delhi.

Notification No. 63/2015 – Income Tax Dated 12/8/2015

August 12, 2015 301 Views 0 comment Print

Notification No. 63/2015 – Income Tax S.O. 2192(E). —Whereas, an agreement (hereinafter referred to as the said agreement) between the Government of the Republic of India and the Government of the Republic of San Marino, for the exchange of intbrmation with respect to taxes was signed at Rome, on the 19th day of December, 2013

Royalty pad by distributor to music producer for copyright use is not an additional consideration to assessee a job worker

August 12, 2015 411 Views 0 comment Print

Hon’ble Supreme court in the case of K.R.C.D Pvt. Ltd. held that the royalty paid by the principal manufacturer to some other person for use of any copyright is not includible in the assessable value of the final goods cleared from the factory of job worker as the royalty paid by the principal manufacturer do not flow any additional consideration to the job worker.

Restriction to use trade mark beyond a physical area limit does not automatically make it usable within the allowed area if same belongs to other person- SC

August 12, 2015 441 Views 0 comment Print

The Hon’ble Supreme court in the case of Kali Aerated Water Works held that the restricted right to use of any trade mark and trade name does not make it use as use of brand name belonging to others since the assessee has right to use though restricted as mutually agreed between some parties.

Anti-dumping duty on Imports of Potassium Carbonate

August 12, 2015 2215 Views 0 comment Print

NOTIFICATION NO. 40/2015-Cus.,(ADD), Dated: August 12, 2015 Seeks to impose anti-dumping duty on the imports of Potassium Carbonate, originating in or exported from Taiwan and Korea RP for a period of five years

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