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Archive: September, 2015

Posts in September, 2015

Exhilarating Experience @ IIM Ahmedabad

September 27, 2015 1700 Views 0 comment Print

While wondering whether the course would meet the objectives and feeling little jittery since I was attending a course after a long time, the cab entered the IIM Ahmedabad campus. The campus has an old wing and a new wing.

Taxability of Licence to use Trademarks / Franchise

September 27, 2015 16863 Views 1 comment Print

It is well settled that Goods that are subject matter of tax under Entry 54 of the State List can be Tangible goods or even Intangible goods like Trademarks, Patents, Copyrights, Software (Canned /Off-the-shelf software), Technical Knowhow, etc. VAT is payable on their sale or even if there is a transfer of right to use goods falling in Article 366(29A)(d) of the Constitution which deems such transactions as Sales.

ICAI presidents ask members to put extra efforts to meet ITR/TAR deadline

September 27, 2015 2624 Views 0 comment Print

On account of extraneous factors a number of our members are finding challenges in filing returns of income and the tax audit reports in time. I would request you to put in little extra effort to meet the present due date which is quite near. I am sure you would be able to meet the deadline.

India Finland DTA- Technical services if technical knowledge skill, know how or design been made available

September 27, 2015 3074 Views 0 comment Print

ITAT Delhi has held in the case of ITO, TDS vs. Nokia India Pvt. Ltd that services rendered does not qualify as FTS for technical services under the India Finland Tax Treaty if service provider has not made available to assessee any technical knowledge skill

Assessee & Revenue have right to File cross objection before ITAT

September 27, 2015 6155 Views 0 comment Print

The Delhi High Court Has Held In the case of Fast Booking (I) Pvt. Ltd. Vs Dy. Commissioner Of Income Tax that both the assessee as well as the department have a right to file an appeal/cross-objections before the Tribunal.

Specific Concealment of Income has to be established for levy of Penalty

September 27, 2015 1294 Views 0 comment Print

In the case of Ms. Chaurasia & Sons. Vs. I.T.O the Hon’ble Kolkata ITAT held that mere confirmation of addition will not lead to conclusion that penalty is leviable, unless it is established that assessee has concealed its income.

Receiving & Disposing of Applications by PIOs under RTI Act, 2005

September 27, 2015 29988 Views 7 comments Print

The Applicants’ seeking information under Section 6(1) of the Right to Information Act, 2005, could make their request in writing in a language of English, Hindi or in the regional official language of the area, and could submit their “Applications’ to the Public Information Officer (PIO) appointed at an office, where you think or assume or believe that the information required would be available. Even, the Applicants’ have the option of submitting their application either online or offline.

Form 15CA & 15CB Requirements & relevant Provisions

September 26, 2015 9925 Views 0 comment Print

Firstly to understand the provisions & needs of Form 15CA & 15CB, we have to understand the income Tax Act & Rules made behind the compliances and transactions required the compliances of Form 15CA & 15CB. 1. Section 195(6) of Income Tax Act- The person responsible for paying to a non-resident, not being a company, or to a foreign company, any sum, whether or not chargeable under the provisions of this Act, shall furnish the information relating to payment of such sum, in such form and manner, as may be prescribed.

Receipt without consideration (Gift) from Non-Relatives – A Tool for Tax Planning

September 26, 2015 13340 Views 14 comments Print

Any receipt without consideration or receipt with inadequate consideration from relatives (as defined under Income Tax Act) is not taxable. However, certain receipt without consideration or receipt with inadequate consideration even from non-relatives is not taxable.

Accrued Interest on Sticky advances of Co-Operative Banks not taxable

September 26, 2015 2728 Views 0 comment Print

In the case of CIT Vs. M/s.Deogiri Nagari Sahakari Bank Ltd. & Others , Bombay High Court inter-alia held that the assessee herein being a Cooperative Bank also governed by the Reserve Bank of India and thus the directions with regard to the prudential norms issued by the Reserve Bank of India

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