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Archive: December, 2015

Posts in December, 2015

Note on definition of factoring business

December 23, 2015 5833 Views 0 comment Print

Factoring works mainly on the principle of seller selling the receivables of a debtor to a specialized financial intermediary called a factor. The sale of the receivables takes place at a discount and the ownership of the receivables is transferred to the factor who shall on purchase of receivables, collect the dues from the debtor […]

Transfer of lease right in land and transfer of building being two different assets, Sec.50 applicable only on transfer of building

December 23, 2015 6239 Views 0 comment Print

ITAT Mumbai held In the case of DCIT vs. J.B. Eng. Works that that the assessee had transferred independent interests in two different assets and therefore the Capital Gains arising on the assignment of leasehold interest in the land being a capital asset was rightly offered for tax as Long

Issue & service of notice u/s 143(2) not applicable to assessment u/s 153A

December 23, 2015 2671 Views 0 comment Print

ITAT Lucknow held In the case of Shri Jeevan Kumar Agarwal vs. ACIT that there is no specific provision in the Act requiring the assessment made under section 153A to be after issue of notice under section 143(2). In the case of Ashok Chaddha vs. CIT

TPO can reject transfer pricing study report based on multiple year data and use only current year data

December 23, 2015 3088 Views 0 comment Print

ITAT Bangalore held In the case of DCIT vs. M/s. Parametric Technology (India) Pvt. Ltd. that the use of current year’s data is mandated by the relevant I.T. Rules, 1962 and by not adhering to this, the assessee’s TP Study was rendered unreliable.

No fresh notice u/s 143(2) required in case of change in jurisdiction officer in later proceedings

December 23, 2015 5898 Views 0 comment Print

ITAT Lucknow held In the case of M/s Treadstone International vs. ACIT that we find no merit in the contention of the assessee that every time new Officer should issue a notice u/s 143(2). Whenever jurisdiction is transferred from one Officer to other Officer the subsequent officer

S. 263 Only Can to hold further enquiries in case of inadequate enquiry by AO

December 23, 2015 1358 Views 0 comment Print

ITAT Delhi held In the case of A2Z Maintenance and Engineering Services Ltd. vs. CIT that the Hon’ble Jurisdictional High Court in the case of DIT vs Jyoti Foundation 357 ITR 388 (Delhi) held that where the order u/s 263 records that the inquiries were not sufficient and further inquiries

Revenue cannot file appeal against voluntarily decision of AO/TPO

December 23, 2015 1343 Views 0 comment Print

In this case of Trend Micro India Pvt. Ltd. Vs. DCIT Delhi Bench of ITAT observed that whether revenue can argue against the order passed by AO in pursuance to the directions of DRP. The ITAT held that it is not permissible to argue any issue decided by AO by DR before tribunal.

Notification No. 147/2015-Customs (N.T.), Dated: December 23, 2015

December 23, 2015 744 Views 0 comment Print

NOTIFICATION NO. 147/2015-CUSTOMS (N.T.) In exercise of the powers conferred by the second proviso to clause (ii) of sub- section (2) of section 61 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs, being satisfied that it is necessary so to do in the public interest, hereby specifies the class of goods, namely ‘crude’, imported and stored in underground rock caverns, in respect of which no interest shall be charged under the said section 61.

CD’ is an admissible ‘documentary evidence’ : SC

December 23, 2015 3080 Views 0 comment Print

In the case of Shamsher singh verma vs. State of Haryana, the Apex court on the point of admissibility of evidence held that the ‘compact disc’ is also a document within the meaning of Section 3 of Indian Evidence Act, 1872.

Re-opening being exceptional power, revenue to comply pre-requisite condition of ‘reasons’ strictly

December 23, 2015 2320 Views 0 comment Print

In the case of Muller & Philpps (India) Ltd vs. ITO, Hon’ble ITAT Mumbai held that the position of law is clear. It has been held by Hon’ble Supreme Court in the case of GKN Driveshaft 259 ITR 19, that it is mandatory on the part of the AO to provide the copy of the reasons to the assessee

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