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Archive: 12 December 2015

Posts in 12 December 2015

Disallowance u/s 14A while computing book profit u/s 115JB permitted, covered in explanation to Sec.115JB (2)

December 12, 2015 11566 Views 0 comment Print

ITAT Mumbai held In the case of DCIT vs. Viraj Profiles Ltd. that section 14A provides that it mandates disallowance of expenditure ‘in relation’ to the income which does not form part of the total income while clause (f) in explanation1 to Section 115JB (2) mandates disallowance of expenditure ‘relatable’

Anti-dumping duty cannot be charged for gap period, the period between lapse of provisional duty & imposition of final duty: SC

December 12, 2015 2784 Views 0 comment Print

Supreme Court held In the case of Commissioner of Customs vs. M/S. G.M. Exports & Others that the final anti-dumping duty only incorporates the provisional anti-dumping duty within itself, but in the manner provided by Rule 13 of Anti-dumping rules.

No review power vest with ITAT, only authorized to amend his order for mistake apparent from records u/s 254 (2)

December 12, 2015 1783 Views 0 comment Print

ITAT Mumbai held In the case of Shakti Cable Industries vs. ITO that it is clear that the words mistake apparent from record, as appearing in the section 254(2) has a special meaning and definite connotation.

Mark to market loss on foreign currency derivatives transaction being a non-speculation loss not covered u/s 43(5)

December 12, 2015 6621 Views 0 comment Print

ITAT Mumbai held In the case of Inventurus Knowledge Services Pvt. Ltd. vs. ITO that it is clear that the eligible transactions in derivatives carried out through recognized stock exchanges are exempted from the purview of speculation transactions u/s 43(5) provided other conditions are satisfied.

Empanelment of Concurrent Auditors with Central Madhya Pradesh Gramin Bank

December 12, 2015 3112 Views 0 comment Print

Central Madhya Pradesh Gramin Bank EMPANELMENT OF CONCURRENT AUDITORS Central Madhyapradesh Gramin Bank Intends to empanel Chartered Accountant firms for conducting concurrent audit work for its 51 Branches. Last Date : Dec 15, 2015 Address: Central Madhya Pradesh Gramin Bank, Head Office:800/19,South Civil Lines CHHINDWARA(M.P.)480001 Download File for Full Details

Whether payment in respect of ‘Swachh Bharat Cess’ shall be available as business expenditure u/s 37 or not ?

December 12, 2015 18515 Views 3 comments Print

What is Swachh Bharat Cess ? It is a Cess which shall be levied and collected in accordance with the provisions of Chapter VI of the Finance Act, 2015,called Swachh Bharat Cess, as service tax on all the taxable services at the rate of 0.5% of the value of taxable service.

Promoter : A Debatable Word

December 12, 2015 6480 Views 0 comment Print

As per Oxford Advanced Learner’s Dictionary, Promoter means a person or company that organizes or provides money for performance or an event. Promoter is a person (natural or artificial) who tries to persuade others about the value or importance of something. From legal definition, Promoter is a person or company that finances or organizes or involved in setting up and funding a new company.

Common Man’s Guide to Gujarat VAT and CST TIN Registration

December 12, 2015 11817 Views 4 comments Print

A Common businessman always has some kind of dilemma with regard to the VAT TIN and CST TIN which are sometimes referred to as GST in common parlance also. The questions related to VAT TIN and CST TIN registration in Gujarat include: What is VAT and CST, When to register, How to register, Where to register and What is the process of registration etc. This article outlines some common questions of a common man while opting for VAT TIN and CST TIN registration.

Appointment of lawyer as Government Advocate is professional engagement by State Government and Additional Public Prosecutor/AGP doesn’t hold “civil post”.

December 12, 2015 10353 Views 0 comment Print

It seems to us that it would be an incorrect approach to start this process by considering the re-appointment or renewal of existing Government Counsels since that would dilute, nay, dissolve the discretion of the Government to appoint advocates whom they find trustworthy.

Income Tax : Trust Registration and Tax Rate

December 12, 2015 7365 Views 0 comment Print

Trust formed for charitable or religious purposes which are not intended to do commercial activities are allowed various benefits under the Income-Tax Act, inter-alia, exemption under section 11. The term religious purpose is not defined under the Income-Tax Act. However, Section 2(15) of the Act defines charitable purpose to include relief of the poor, education, medical relief, preservation of environment (including watersheds, forests and wildlife) and preservation of monuments or places or objects of artistic or historic interest, and the advancement of any other object of general public utility.

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