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Archive: 11 December 2015

Posts in 11 December 2015

Public Service examination and result published cannot be set aside lightly, it should attain finality.

December 11, 2015 2583 Views 0 comment Print

Likewise, in the matter of Shankara Cooperative Housing Society Limited v. M. Prabhakar and others, the Supreme Court has held that delay and laches is one of the factors that requires to be borne in mind by the High Courts when they exercise their discretionary power under Article 226 of the Constitution of India.

CBDT notifies forms for reporting by investment Funds U/s. 115UB(7)

December 11, 2015 11266 Views 1 comment Print

Notification No. 92/2015 – Income Tax Statement under sub-section (7) of section 115UB. 12CB.(1) The statement of income paid or credited by an investment fund to its unit holder shall be furnished by the person responsible for crediting or making payment of the income on behalf of an investment fund and the investment fund to the- (i) unit holder by 30th day of June of the financial year following the previous year during which the income is paid or credited in Form No. 64C, duly verified by the person paying or crediting the income on behalf of the investment fund in the manner indicated therein; and

Guide to Foreign Contribution (Regulation) Act, 2010 (FCRA)

December 11, 2015 16198 Views 8 comments Print

Legal Objective of the Act: To regulate the acceptance and utilisation of FC/donations or foreign hospitality by certain individuals or associations or companies; and To prohibit acceptance and qutilisation of FC/donations or foreign hospitality for any activities detrimental to the national interest and matters connected thereto. It Applies to whole of India including (also applies […]

Charges of prosecution for false statement during search not sustainable, where statement recorded without Oath

December 11, 2015 1288 Views 0 comment Print

Punjab and Haryana High Court held In the case of ADIT vs. Sh. Dhan Singh Sharma that ld counsel for the applicant admitted at the time of arguments that statement was re-started after some time on the same day.

Step up to Ind AS – 101 First time adoption of Indian Accounting Standards (IND-AS)

December 11, 2015 27682 Views 0 comment Print

The following Companies have to adopt Ind AS for the Financial Statements from the Accounting Period beginning on or after 1st April 2016: Companies whose debt or equity are listed or are in the process of being listed on any stock exchange in India or Outside India “+” having net worth of Rs. 500 Crores or more. Companies which are not listed but are having Net Worth of Rs. 500 Crores or more. Holding, Joint Venture, Associates or Subsidiary Companies of the companies covered by above two clauses.

Writ of quo-warranto cannot be issued, if appointment is temporary

December 11, 2015 3996 Views 0 comment Print

The High Court in a quo warranto proceeding should be slow to pronounce upon the matter unless there is a clear infringement of the law.

Top 5 Must Haves of a Complete Financial Plan

December 11, 2015 552 Views 0 comment Print

and hazards. Take a look at these statistics: Every four minutes, an Indian is killed in a road accident. Every year, chronic illnesses like cancer, heart disease, and respiratory ailments contribute to 60% of all deaths in India[2].

Reassessment without application of mind and examining the facts is invalid and liable to quash

December 11, 2015 805 Views 0 comment Print

Hon’ble ITAT decided in this matter that reopening without application of mind is liable to quash and also elaborate that examination of facts and information received is necessary before reopening. In addition to this legal ground ITAT also heard the appeal on merits

Assessee not entitled to claim any fresh deduction for completed assessments in return filed u/s 153A

December 11, 2015 1317 Views 0 comment Print

ITAT Pune held In the case of M/s. D.J. Malpani vs. ACIT that in respect of the assessments which are completed prior to the date of search, no fresh claim of deduction can be made by the assessee. Therefore in the given case, assessee is not entitled to make a fresh claim in the return filed u/s.153A

Income attributable to activities carried out outside India is not taxable in India

December 11, 2015 866 Views 0 comment Print

ITAT Delhi held In the case of Hyundai Heavy Industries Co. Ltd. vs. ADIT that the said issue is already covered in favour of the assessee by tribunal decision given in earlier years in which the tribunal held that the contracts are divisible.

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