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Archive: September, 2015

Posts in September, 2015

Notification No. 85/2015-Customs (N.T.), Dated-4th September, 2015

September 4, 2015 889 Views 0 comment Print

Notification No. 85/2015-Customs (N.T.) (ix) Kathuwas and Mandhan Village, District Alwar- Unloading of imported goods and loading of export goods

List of countries where from import of Textiles/Textile Articles exempted from testing of samples for presence of Azo Dyes

September 4, 2015 10923 Views 0 comment Print

The Appendix–2X is being introduced in the Appendix and Ayat Niryat Forms of FTP 2015 -20 listing the countries where from import of Textiles and Textile Articles is exempted from testing of samples for presence of Azo Dyes.

A settled issue cannot be considered afresh by authority who settled the same- HC

September 4, 2015 1532 Views 0 comment Print

In the case of CCE V/s M/s. Seagull Threads (India) Ltd., it has been held by Goa High Court that it is not permissible in law to consider the issue afresh in a proceeding which has already been settled by the same authority by its earlier order and had attained finality for want of any appeal against the original/earlier order, as no party to the litigation has challenged in any appellate forum.

Mens Rea need not to be proven in case of mandatory penalty–HC

September 4, 2015 3141 Views 0 comment Print

In the case CCE V/s Nazareth Alloys (High Court of Bombay at Goa), it has been held that by following the judgement of the Hon’ble Apex Court in the case of ‘Dharmendra Textile Processors’ in case provisions of law provides for mandatory penalty, then revenue need not establish mens rea.

Companies (Accounts) Second Amendment Rules, 2015

September 4, 2015 6603 Views 0 comment Print

MCA introduces new form for filing of consolidated financial statements vide notification no. G.S.R. 680(E). [F.NO.1/19/2013-CL-V-PART] Dated- 04th September 2015 View / Download Notification

Clarifications on Tax Compliance for Undisclosed Foreign Income and Assets

September 3, 2015 3068 Views 0 comment Print

Circular No. 15 of 2015 – Vide circular No. 13 of 2015 dated 6th July, 2015 CBDT provided clarifications to 32 queries related to Undisclosed Foreign Income and Assets. Subsequently, further queries have been received from the public about the tax compliance provisions under Chapter VI of the Act. The Board has considered the same and the following clarifications are issued.-

Income from shares – whether capital gains or income from business or profession

September 3, 2015 2528 Views 0 comment Print

Sanjeev Mittal Vs CIT (Delhi High Court) The assessee was a medical practitioner with professional income and income from capital gains as returned income. The A.O. contended the income from capital gains to be the income from business or profession as he noticed that the professional receipts

CIT cannot interfere with discretion exercised by AO without any Plausible Reason 

September 3, 2015 919 Views 0 comment Print

ITAT Ahmedabad held In the case of Shri Isharbhai Chotabhai Patel Vs. CIT that ld. Commissioner not justified in interfering in the discretion exercised by the AO without any plausible reason. The estimated opinion formed by the AO can only be interfered

Section 43B: Conversion of interest into shares amounts to payment

September 3, 2015 5149 Views 0 comment Print

In the case of CIT vs Rathi Graphics Technologies Ltd. Delhi High Court inter-alia held that the conversion of a portion of interest into shares should be taken to be “actual payment” within the meaning of Section 43B of the IT Act.

A party who has not appealed cannot be permitted to raise a ground

September 3, 2015 1157 Views 0 comment Print

In the case of CIT vs Divine Infracon Pvt. Ltd , Delhi High Court reiterated its own order in case of CIT vs. Edward Keventer (Successors) Pvt. Ltd that it would not be open to a respondent to travel outside the scope of the subject matter of the appeal under the guise of invoking Rule 27 of the Income Tax (Appellate Tribunal) Rules, 1963.

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