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Archive: 19 December 2015

Posts in 19 December 2015

Consultation Paper- Additional disclosure norms for retail/public issuance of Additional Tier 1 (AT1) instruments issued by banks

December 19, 2015 562 Views 0 comment Print

SEBI (Issue and Listing of Non Convertible Redeemable Preference Shares) Regulations, 2013 (NCRPS Regulations), provided a framework for listing of Perpetual Non-Cumulative Preference Shares (PNCPS) and Perpetual Debt Instruments (PDIs) issued by banks.

CESTAT order to deposit duty after considering prima facie case, undue hardship and interest of Revenue is valid

December 19, 2015 829 Views 0 comment Print

In the case of Advance Netways Marketing Pvt. Ltd. Vs. CCE, Hon’ble Bombay High Court denied to interfere in the order of CESTAT who directed to deposit 50 % of total duty payable and 10 % out of penalty payable.

Defunct companies at the time of assessment have resurrected back to life after statutory compliances were fulfilled, addition u/s 68 sustained

December 19, 2015 582 Views 0 comment Print

In the case of ACIT Vs. Prem Castings Pvt. Ltd. ITAT, Delhi Bench reversed the order of CIT (A) who deleted addition of Rs. 3,46,00,000/- after relying upon the decision of Hon’ble SC in the case of Lovely Exports (216 CTR 195) in which it was held that once the assessee has produced documents regarding

TDS U/s.194I not deductible on lease premium paid to acquire land on lease with substantial right

December 19, 2015 6222 Views 0 comment Print

In the case of ACIT vs. OBC, Mumbai Bench of ITAT observed that the amount paid by the assessee bank (the lessee) to City Industrial Development Corporation (MMRDA) (Lessor) was in the nature of rent as defined u/s 194 I of the Act or not, which held yes by CIT (A).

Transfer Pricing: Captive unit bearing limited risk cannot be compared with a giant company having full fledged risk

December 19, 2015 2752 Views 0 comment Print

ITAT Delhi held In the case of Xchanging Technology Services India Private Limited. vs, DCIT that the Hon’ble High Court affirmed the conclusion that a captive unit of a comparable company which assumed only a limited risk cannot be compared with a giant company in the area of development

Free samples of medicines to medical practitioners not covered under gift, no disallowance u/s 37

December 19, 2015 2368 Views 0 comment Print

ITAT Delhi held In the case of Eli Lilly & Co. (India) Pvt. Ltd. vs, ACIT that a clear distinction has been made between the free samples, gifts, travel facilities, hospitality and cash or monetary grants. It would accordingly be incorrect to put samples in the definition of gifts being separately categorized

Registration u/s 12AA not to be denied to a trust not having any formal deed of trust, even oral deed may suffice

December 19, 2015 4720 Views 0 comment Print

ITAT Delhi held In the case of Tsurphu Labrang vs. DIT (Exemptions) that Rule 17A itself provides that it is not necessary that the Institution/Trust should be established under an instrument. The Rule 17A does not prescribe that in case the Institution/Trust

Time limit u/s 92CA (3A) being mandatory, no transfer pricing adjustment sustainable on time barred TPO order

December 19, 2015 8100 Views 0 comment Print

ITAT Delhi held In the case of Honda Trading Corporation. vs, DCIT that despite the use of the word `may’, the time limit for passing the order by the TPO is mandatory, as in the otherwise situation of the TPO having been allowed more time by implication

No estoppels in law for correctness, inadvertently included comparable may be argued in later proceedings

December 19, 2015 859 Views 0 comment Print

ITAT Delhi held In the case of Alcatel-Lucent Technologies. vs, DCIT that merely because the assessee in the TP study had included the comparable, which was accepted by TPO, it does not follow that the assessee cannot resile from its original claim at a later stage of proceeding

e-TDS/TCS RPU version 1.4 for Statement(s) from FY 2007-08 onwards released

December 19, 2015 3679 Views 0 comment Print

Key Features – Return Preparation Utility (RPU) version 1.4 ♠ Remark ‘B’ is made applicable for Section code 194DA for Form 26Q, FY 2015-16, Q3 onwards. ♠  Addition of challan (i.e. C9 correction) in correction statements: As directed by Income Tax Department (ITD), addition of challan option (i.e. is C9 correction) has been made available […]

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