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Archive: 22 December 2015

Posts in 22 December 2015

Summary on IND AS-2 Inventories

December 22, 2015 14524 Views 0 comment Print

This Ind AS applies to all inventories except financial Instruments, Biological Instruments and Work in Progress arising under construction. It does not apply to the inventories held by Producers of Agriculture, forest products and minerals products and Commodity broker. Commodity Broker shall measure the inventories at Fair value less cost to sell.

Payment of broken period interest will be allowed as a business expense

December 22, 2015 1228 Views 0 comment Print

1.ITAT Mumbai held in the case of Asst. DIT Vs M/s Hongkong and Shanghani Banking Corporation Ltd that the broken period interest paid would be allowed to the assessee after relying the case of the assessee itself in The Hongkong and Shanghai Banking Corporation Ltd V/s DCIT

Transfer Pricing: Only functionally comparable companies can be compared for calculating ALP

December 22, 2015 1036 Views 0 comment Print

ITAT held in Acclaris Business Solutions Lvt Ltd. Vs I.T.O that only those companies could be compared for calculating ALP which were functionally similar. Those companies which were not performing similar functions could not be compared for calculating ALP.

For ALP of AMP, Comparable company performing similar function and cost plus method should be adopted

December 22, 2015 1103 Views 0 comment Print

ITAT held in Haier Appliances India Ltd Vs DCIT and Haier Appliances India Ltd Vs ACIT after relying on the case of Sony Ericsson Mobile Communications India Pvt Ltd reported in (2015) 374 ITR 118 (Delhi) that the above transaction of AMP

No disallowance u/s 43B for unpaid sales tax liability shown as contingent liability

December 22, 2015 5133 Views 0 comment Print

ITAT Delhi held In the case of DCIT vs. M/s. Escorts Construction Equipment Ltd. that we find that this amount represents unpaid sales tax liability and the same was disclosed itself by the assessee as a contingent liability.

Transfer Pricing adjustment has to be confined to transactions with Associated Enterprises only

December 22, 2015 802 Views 0 comment Print

CIT Vs. V/s. M/s. Thyssen Krupp Industries India Pvt. Ltd. (Bombay High Court) In terms of Chapter X of the Act, redetermination of the consideration is to be done only with regard to income arising from International Transactions on determination of ALP.

Mere making an incorrect claim does not tantamount to furnishing inaccurate particulars

December 22, 2015 1021 Views 0 comment Print

ITO Vs M/s Citizen Scales (I) P. Ltd. (ITAT MUMBAI)-The Assessing Officer imposed penalty u/s 271(1)(c) of the Act. We note that in para 4 of the assessment order it has been categorically recorded that there was a mistake in computation of book profit and the same was pointed out by the Assessing Officer

6% Discount on sale to independent customers resulting in increase in sales cannot be said to be excessive or unreasonable

December 22, 2015 367 Views 0 comment Print

The assessee in the present case is a Company, which is engaged in the business of trading in jewellery. The return of income for the year under consideration was filed by it on 01.11.2004 declaring a loss of 1,81,69,142/-.

Transaction cannot be doubted for mere non-prosecution of original document

December 22, 2015 328 Views 0 comment Print

ACIT Vs M/s. Tirupati Enterprises (ITAT KOLKATA) We hold that merely for non-prosecution of original document before the Assessing Officer during the remand proceedings, the transaction per se cannot be doubted with when the Xerox copies with supporting documents were duly furnished before the Assessing Officer.

Addition cannot be made for mere non-submission of Purchase Bill

December 22, 2015 1294 Views 0 comment Print

M/s. Palco Distributors Vs. JCIT (ITAT Kolkata) Only premise of the AO for making addition is that assessee could not produce purchase bills for a sum of Rs.21,72,083/- having 526 items. We find that the items are properly recorded means the assessee has explained the source of acquisition

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