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Archive: 21 December 2015

Posts in 21 December 2015

Section 263- Revision Order- AO cannot examine the aspect which CIT has not asked him to examine

December 21, 2015 641 Views 0 comment Print

Abani Kumar Dutta Vs. ACIT (ITAT Kolkata) Argument of Ld. Counsel for the assessee that the CIT in his revision order u/s 263 of the Act only directed the AO to examine the applicability of sec. 194G read with section 40(a)(ia) of the Act and not genuineness of the expenditure.

Assessment U/s. 147 not valid when time for scrutiny assessment U/s. 143(3) not lapsed

December 21, 2015 1334 Views 0 comment Print

Krypton Industries Ltd. V/s. DCIT (ITAT Kolkata)- Whether the action of AO for framing the assessment under section 147 is within his jurisdiction though the time for scrutiny assessment under section 143(3) has not lapsed.

GST – Negligible Exemptions Are On Card

December 21, 2015 1682 Views 0 comment Print

Goods & Service Tax in India will result eradication of various exemptions .This is also clear from the statement of Shri Najib Shah, chairman, Central Board of Excise and Customs (CBEC), who aired that Tax exemptions until now extended to industry for their expansion and diversification will have to go with GST legislation becoming a reality,

CBDT modifies rules related to payments to Non-resident (Form 15CA & 15CB)

December 21, 2015 7775 Views 1 comment Print

Recently the CBDT has modified the rules related to filing of Form 15CA & 15CB through Notification No: 93/2015 Dated: 16/12/2015 . These rules has provided clarification regarding the filing of detail where payment is made in respect of any sum which is not chargeable under the provision of Income Tax Act, 1961 (Act). Further, it has also relaxed the provision related to requirement of filing of Form 15CA & 15CB.

Pre-Meditated/ Self Inflicted Loss by giving loan to related concern at concessional Rate not allowable

December 21, 2015 631 Views 0 comment Print

Deepak Nagji Vira Vs. ITO (ITAT Mumbai) The monies are borrowed, incurring brokerage charges for the purpose, only for lending the same to a company at a predefined, agreed rate of interest, i.e., 12% p.a. That is, the assessee

Section 263 – Revision merely on DCIT suggestion & without independent judgment, not valid in law

December 21, 2015 1193 Views 0 comment Print

ITAT Pune held In the case of Span Overseas Ltd. vs. CIT that from the show cause notice, it is clear that the CIT has invoked the provisions of section 263 on the proposal submitted by the DCIT and deficiencies in the assessment order pointed out by the DCIT.

Reopening by simply treating loan entry as income which has escaped from assessment is not appropriate

December 21, 2015 814 Views 0 comment Print

Mangi Lal Sethia Vs ITO (ITAT Kolkata) In this present case, we find no live link between the reason to believe and reopening of case u/s 147 of the Act. It was a loan entry in the books of the assessee and the same was also settled within the same year.

India enters DTAA with Macedonia

December 21, 2015 967 Views 0 comment Print

Notification No. 94/2015 – Income Tax Whereas, an Agreement was entered into between the Government of the Republic of India and the Government of the Republic of Macedonia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income that was signed at Delhi on the 17th December, 2013 as set out in the Annexure to this notification (hereinafter referred to as the said Agreement):

13 Reasons why Service Tax Returns Get Rejected after filing

December 21, 2015 11777 Views 0 comment Print

Some Service Tax returns gets rejected after uploading of the XML file for the ST3 return, mainly due to the following reasons:- 1.  Incorrect selection of return type – whether it is ?Original? or ?Revised? return. 2.  When the Financial Year and the Period of Return are different in the XML file and in the […]

Total Recall Vs Partial Recall of ITAT ORDER

December 21, 2015 3253 Views 0 comment Print

Recently, ITAT Amritsar in a decisions in case of Rohit Tandon ITA 345/2009 pronounced on 05-03-2015 had an occasion to deal with the issue of powers vested with ITAT regarding recall of its order, when it recalled its earlier order rendered against the assessee.

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