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Archive: 28 October 2015

Posts in 28 October 2015

MCA extends last data of filing of ADC-4, AOC-4 XBRL and MGT-7 E-Forms to 30.11.2015

October 28, 2015 4893 Views 0 comment Print

In continuation of this Ministry’s General Circular No. 10/2015 dated 13.07.2015, keeping in view the request received from various stakeholders, it has been decided to relax the additional fee payable on forms AOC-4 and AOC-4 XBRI upto 30th November, 2015, The additional fee requirement for MGT-7 E-Form is also relaxed for all such forms filed till 30th Novernber, 2015, wherever additional fee is applicable.

Self Assessment Tax explained in simple manner with charts and diagrams

October 28, 2015 7531 Views 0 comment Print

Self Assessment Tax  alongwith interest is required to be deposited before furnishing the return of income and the proof of such payment should be attached with the return of income. Note 1: Where the amount paid by the assessee under section 140A is less than the amount required to be paid under section 140A, then […]

Disallowance u/s 14A, suo moto or otherwise, not sustainable if interest free funds exceeds tax free investments

October 28, 2015 3579 Views 0 comment Print

ITAT Ahmedabad held In the case of UTI Bank Ltd. vs. ACIT that we find that the assessee’s interest free deposits exceed its tax free investment in current year as well as in succeeding assessment year 2003-04. The tribunal and hon’ble jurisdictional high court deleted an identical section 14A disallowance based on the very presumption.

Addition based on negative stock, calculated by AO by preparing monthly trading account not sustainable

October 28, 2015 2401 Views 0 comment Print

ITAT Chandigarh held In the case of DCIT vs. M/s Smart Value Product & Services Ltd. that no defects in the purchases and sales have been pointed out by the AO. The assessee produced complete books of account, sales and purchase vouchers.

Extension of last date of filing of AOC-4, AOC-4 XBRL and MGT-7 E-Forms

October 28, 2015 159 Views 0 comment Print

It has been decided to relax the additional fee payable on forms AOC-4 and AOC-4 XBRL upto 30th November, 2015. The additional fee requirement for MGT-7 E-Form is also relaxed for all such forms filed till 30th November, 2015, wherever additional fee is applicable.

No Violation of Section 13 on refund of Advance against property with Interest from Interested Parties

October 28, 2015 2756 Views 0 comment Print

M/s Vels Institute of Science Technology & Advanced Studies Vs. DDIT (E)- ITAT Chennai- Section 13(1)(a) says that if any part of the property or income of the Trust is given to the interested person without either adequate security or adequate interest

Analysis of materials after reopening of assessment is post mortem exercise which is not permitted u/s 147 : HC

October 28, 2015 1798 Views 0 comment Print

Delhi High Court held In the case of Principal CIT vs. G & G Pharma India Ltd. that this is basic requirement of law u/s 147 that before reopening of assessment, AO must have apply his mind to the available materials

Allegation against Counsel of Revenue prima facie constitutes criminal contempt of court

October 28, 2015 1045 Views 0 comment Print

Delhi High Court held In the case of CIT vs. M/s Escorts Ltd. that in view of the nature of the conduct displayed by Sh. Gupta, i.e. preferring an application for intervention which was rejected, being Intervener Application No. 5779/2008

Revenue not authorized to rewrite terms of agreement & adjudge Commercial expediency: SC

October 28, 2015 1617 Views 0 comment Print

Supreme Court held In the case of M/s. Mangalore Ganesh Beedi Works vs. CIT that Act does not clothe the taxing authorities with any power or jurisdiction to re-write the terms of the agreement arrived at between the parties with each other at arm’s length

Netting of interest paid on borrowed fund against interest income earned on same fund is permitted

October 28, 2015 10264 Views 0 comment Print

Delhi High Court held In the case of Vodafone South Ltd. vs. CIT that the netting of the interest paid on the borrowed sum against the interest income earned is allowed. There was a direct nexus between the earning of interest on the loan advanced by the Assessee and payment of interest to the bank.

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