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Archive: 20 September 2015

Posts in 20 September 2015

Commitment by lawyer without express consent of client will not bind the client : SC

September 20, 2015 12305 Views 0 comment Print

Supreme Court held in Himalayan Cooperative Group Housing Society Vs Balwan Singh that the lawyers owe fiduciary duties to their clients, so they should act with the express consent of clients. Lawyers should not make any commitment without the consent of their clients and any commitment

Bonafide mistake in Disclosure of income under wrong head – No penalty u/s 271(1)( c)

September 20, 2015 6401 Views 0 comment Print

ITAT New Delhi held in Simran Singh Gambhir Vs DDIT International Taxation that if the assessee had disclosed the income by mistake under wrong head of income and that mistake was bonafide then the same could not be treated as an undisclosed income and penalty u/s 271(1)( C) could not be levied.

Wrongly disclosed income does not mean undisclosed income, penalty u/s 271(1)(c) cannot be levied.

September 20, 2015 1562 Views 0 comment Print

New Delhi court held in PR. CIT Vs Control and Switch gear Contractors Ltd that if the assessee had disclosed the income in its return of income though wrongly disclosed it did not mean that the assessee had tried to hide its income so that wrongly disclosed income could not be considered as an undisclosed income and penalty u/s 271(1)( C) could not be levied.

2nd proviso to sec 40(a)(ia) inserted in FA ,2012 have retrospective effect from 01-04-2005

September 20, 2015 2187 Views 0 comment Print

The High Court of New Delhi has held in case of CIT-1 Vs Ansal Landmark Township P Ltd that second proviso to sec 40(a)(ia) will have retrospective effect from 01-04-2005 which means that if the assessee had forgot to deduct the TDS on payment

Early Warning Signals & Red Flag Accounts

September 20, 2015 18270 Views 0 comment Print

Economic slowdown across the globe is a concern for world & India is no more an exception. Economic slowdown is hitting the Indian Banking System very hard. As we all are aware that Non-Performing Assets are one of the biggest challenges faced by the Indian Banking System over the ages and numbers goes on increasing from year to year.

Post Incorporation Compliances for Private Companies

September 20, 2015 10488 Views 0 comment Print

Keep Safe Custody of Certificate of Incorporation. ♥ Maintain copies of Incorporation Documents  [Section 7(4)] The company shall maintain and preserve at its registered office copies of all documents and information as originally filed on incorporation till the dissolution of the Company. ♥ No. of Board Meeting [Section 173 and SS-1]

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