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Archive: 01 November 2015

Posts in 01 November 2015

No deduction of interest on arbitration award during stay period as no legally enforceable right exists

November 1, 2015 3526 Views 0 comment Print

ITAT Delhi held In the case of M/s National Agricultural Cooperative Marketing Federation of India Ltd. (NAFED) vs. JCIT that there is no qualitative difference between the two situations, viz., first, in which no enforceable liability to pay is created in the first instance, and second

Benefits under Indo-Singapore tax treaty cannot be denied where such income have taxed on accrual basis in treaty country

November 1, 2015 1727 Views 0 comment Print

ITAT Rajkot held In the case of GAC Shipping India Pvt. Ltd. vs. ITO – International Taxation that entire freight income of the assessee, which is only from operation of ships in international traffic, is taxable only in Singapore.

Rule 8D disallowance not applicable where assessee has no investments– ITAT

November 1, 2015 2030 Views 0 comment Print

ITAT Kolkata held In the case of DCIT vs. M/s G.K.K. Capital Markets (P) Limited that in case AO has not recorded satisfaction about the correctness of the claim of the assessee and straight away calculated the disallowance u/s 14A read with rule 8D, this disallowance is not maintainable.

No intervention of HC if CA Firm Demerger is as per ICAI Rules: HC

November 1, 2015 3437 Views 0 comment Print

Delhi High Court held In the case of Arun Khanna vs. The ICAI & ANR that the notice issued to the ICAI for demerger of the firms was as per the notified rules in this regard. As per these rules it is clear that no concurrence / acceptance from all partners is required and can be effected

Issue of Employee Stock Options by Private Limited Companies

November 1, 2015 20267 Views 0 comment Print

Section 62(1)(b) of the Companies Act, 2013 provides that where at any time, a company having a share capital proposes to increase its subscribed capital by the issue of further shares, such shares shall be offered to employees under a scheme of employees’ stock option, subject to special resolution passed by company and subject to such conditions as may be prescribed.

Order of AO stands Null and Void in absence of proper jurisdiction

November 1, 2015 1948 Views 0 comment Print

In case of ITO Vs. M/s. Northern India Transport Company the Appellate Tribunal of New Delhi has held that Assessment Order Passed by the Assessing Officer having no jurisdiction to Assess the entity is null and void.

Clubbing of holding of different persons or Directors not permitted to determine substantial interest settlement application u/s 245C

November 1, 2015 1174 Views 0 comment Print

Delhi High Court held In the case of Rockland Hotels Ltd. vs. IT Settlement Commission that as per clauses (a)(v) and (a)(vi) of section 245C , only if a director of the petitioner companies has a substantial interest in the specified person (company), then, the petitioner companies

Surplus shown in books of accounts in normal course cannot be treated as undisclosed income: HC

November 1, 2015 615 Views 0 comment Print

Delhi High Court held In the case of DIT (Exemption) vs. All India Personality Enhancement & Cultural Centre for Scholars Society that he expression ‘undisclosed income’ would connote assets or income, which the Assessee believes to be taxable

All about Bharat Bill Payment System (BBPS) with FAQs

November 1, 2015 3552 Views 0 comment Print

In this article we have discussed 19 Frequently asked question on  Bharat Bill Payment System(BBPS) which is an integrated bill payment system in India offering interoperable and accessible bill payment service to customers through a network of agents, enabling multiple payment modes, and providing instant confirmation of payment.

ICAI President's Message – November 2015

November 1, 2015 977 Views 0 comment Print

ICAI Prompt to Act on Disciplinary Matters- I wish to inform the members’ fraternity that in February 2015, there were 129 cases before the Disciplinary Committee. Till date, 93 cases have been fixed for hearing and 41 cases have been heard and concluded and remaining 52 cases are at different stages of disciplinary proceedings. Similarly, out of the 28 cases before the Board of Discipline for hearing, 26 cases have been fixed for hearing, 17 have been heard and concluded and remaining 9 cases are at different stages of disciplinary proceedings.

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