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Archive: November, 2015

Posts in November, 2015

Notification No. G.S.R. 883(E), Dated: 18.11.2015

November 18, 2015 1426 Views 0 comment Print

In exercise of the powers conferred by the proviso to article 309 of the Constitution and in supersession of the Income Tax Department non statutory Departmental Canteens Recruitment Rules 2004.

Exemptions to Private Companies – A candle in a Dark Room

November 18, 2015 3570 Views 0 comment Print

This article provides a synopsis of all the exceptions, modifications and adaptations made in the Companies Act, 2013 for the Private Companies. AN attempt is made to highlight the venues that can be freely transacted by private companies.

Section 185- Loan to Directors under Companies Act, 2013

November 18, 2015 27417 Views 0 comment Print

AS PER SECTION 185: No Company ( Private & Public) Directly or Indirectly Advance any loan, including book debt, to any of its directors or to any **other person in whom the director is interested Any guarantee or provide any security in connection with any loan taken by him or such other person BACKGROUND: This […]

No TDS liability u/s 194J on roaming charges

November 18, 2015 2950 Views 0 comment Print

ITAT Bangalore held In the case of M/s. Idea Cellular Ltd. vs. ACIT that there is no human intervention involved in providing roaming services, therefore, roaming charges paid by the assessee do not amount to fee for technical services u/s 194J.

Mere wrong claim of deduction did not give rise to penalty u/s 271(1)(C)

November 18, 2015 2606 Views 0 comment Print

ITAT held in Pooja Industries Vs ITO that penalty u/s 271(1)(c) could not be levied only because that the assessee had wrongly claimed deduction u/s 80IC @ 100% instead of deduction u/s 80IB. Penalty could only be levied only

Loss to banks on security classification from one to another category as per RBI directions is allowable expenditure

November 18, 2015 776 Views 0 comment Print

ITAT Delhi held In the case of Oriental Bank of Commerce vs. ACIT that any loss arising to banks on account of classification of securities form one category to another category in compliance with RBI directions is an allowable expense.

Adjustment of seized cash before completion of assessment permitted against self assessment/ advance tax subject to specific request made by assessee

November 18, 2015 2080 Views 0 comment Print

ITAT Pune held In the case of ACIT vs. RDS Construction Pvt. Ltd. that on the matter of adjustment of seized cash with the self assessment tax, we find no infirmity in the order of the CIT(A) since the assessee vide letter dated 30-03-2010

Assessee can claim deduction u/s 10A for remaining years although he availed deduction u/s 80HHE in past

November 18, 2015 1660 Views 0 comment Print

ITAT Mumbai held In the case of DCIT vs. M/s. Tata Consultancy Services that section 80HHC does not place any restriction to shift the claim of deduction or exemption under any other provision in respect of profits for which no deduction has been claimed and allowed in the previous year.

Assessee can rebut the statement made u/s 132(4) during search on the ground that it was under pressure & mistaken belief – ITAT

November 18, 2015 2972 Views 0 comment Print

ITAT Mumbai held In the case of M/s Tribhovandas Bhimji Zaveri (Delhi) Pvt. Ltd. vs. ACIT that a careful perusal of provisions of sec. 132(4) as well sec. 292C would show that the said provisions state that the statement taken u/s 132(4) “may be used in evidence in any proceeding under the Act”.

Reopening of Assessment merely on the basis of change in opinion is invalid

November 18, 2015 756 Views 0 comment Print

The ITAT Ahmedabad in the case of Waves Food Private Limited vs. DCIT held that reopening of assessment to disallow provision for damaged goods returned is not valid as the issue had been specifically dealt by AO during the course of regular assessment and such disallowance by reopening

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