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Archive: 24 November 2015

Posts in 24 November 2015

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 18, 2024 4431 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 18, 2024 3906 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

Reopening based on retrospective amendment after 4 years not permissible in absence of failure in disclosure of material facts by assessee

November 24, 2015 1222 Views 0 comment Print

ITAT Mumbai held In the case of M/s. Golden Tobacco Limited (Formerly GTC Industries Limited) vs. The JCIT that the law does not give powers to the AO to reopen an assessment carried out u/s 143(3) after the expiry of four years unless the AO is able to demonstrate that there was failure on the part of the assessee in disclosure of material facts.

Only companies are eligible for deduction u/s 80IA(4)

November 24, 2015 5970 Views 0 comment Print

ITAT Chennai held In the case of The ACIT vs. Shri. B. Dhanasekaran that the enterprises carrying on development of the infrastructure facilities should be owned by a company or consortium of companies.

Interest income on NPA need not to be accrued in books of account in case of Bank and NBFCs

November 24, 2015 3239 Views 0 comment Print

ITAT Ahmedabad held In the case of West Bengal Infrastructure Development Finance Corporation vs. ACIT that in the case of CIT vs Vasisth Chayt Vyapar Ltd. 330 ITR 440 (Delhi) , it was held that the real income theory was still relevant and recognition of income in terms of Prudential Norms of RBI did not deviate from the mercantile system of account u/s 145 of the Income Tax Act.

Shares held by trust for issuance to employees as ESOPs is not in nature of stock in trade, any resultant gain will be taxed as capital gains

November 24, 2015 16567 Views 0 comment Print

ITAT Mumbai held In the case of Mahindra & Mahindra Employees Stock Option Trust vs. ADCIT that the attributes available in the transaction of the assesee trust are unlike that of a trader and are more like that of an investor.

Land eligible for wealth tax exemption even on conversion as non-agricultural if used for agricultural purposes

November 24, 2015 1002 Views 0 comment Print

ITAT Bangalore held In the case of M.R Pattabhiram (HUF) vs. The Asst. Commissioner of Wealth tax that mere conversion of land from agriculture to non-agriculture could not be taken as the sole criteria to hold it as a capital asset under section 2(14) of the Income tax act.

Share of income received by University out of consultancy income earned by professors not entitled for exemption u/s 11

November 24, 2015 1821 Views 0 comment Print

ITAT Mumbai held In the case of The ACIT vs. Institute of Chemical Technology University of Mumbai that the consultancy work done by the assessee – University through its professors, in which part income is held by university and the rest lying with respective professors, is not in any way relatable to the aims and object for which the assessee was established.

Denying registration u/s 12AA by testing ancillary objects rather than main objects for their charitable nature is unfair

November 24, 2015 523 Views 0 comment Print

The ITAT Bangalore in the case of Nanda Gokula vs. CIT held that denial of registration u/s 12AA by the CIT by considering only the ancillary objects is unfair, because it is the main objects of the trust which are required to be tested for their charitable nature.

Excess of expenditure over trust’s income for a previous year can be claimed as income applied in subsequent previous year

November 24, 2015 6988 Views 0 comment Print

The ITAT Bangalore in the case of Karnataka Food and Civil Supplies Ltd. held that the excess expenditure incurred in earlier previous years can be set off against the income of trust for the current year as an application of income because Section 11(1)(a) does not contain any words of limitation

Custom duty exemption to EOUs on raw materials/parts consumed in manufacture of certain ships/vessels and cleared to DTA

November 24, 2015 1078 Views 0 comment Print

NOTIFICATION No. 55/2015-Customs Seeks to further amend notification No. 52/2003-Customs dated 31-03-2003 so as to enable EOUs to become eligible for duty exemption on raw materials/parts consumed in manufacture of certain specified ships/vessels and cleared to DTA, even if such ships/vessels are exempt from basic customs duty and central excise/CV duty

Custom duty exemption on raw material and parts for use in manufacture of certain specified ships/vessels

November 24, 2015 1564 Views 0 comment Print

NOTIFICATION No. 54/2015-Customs Seeks to further amend notification No. 12/2012-Customs dated 17.3.2012 so as to provide exemption from custom duties on all raw material and parts for use in manufacture of certain specified ships/vessels subject to actual user condition and also removing the requirement of manufacturing of ships/vessels in a custom bonded warehouse under the provisions of Section 65 of the Customs Act, 1962 for availing duty benefits

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