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Archive: 07 January 2016

Posts in 07 January 2016

Diagnostic Labs to deduct TDS on discount given to hospitals/laboratories U/s. 194H

January 7, 2016 15241 Views 2 comments Print

In the case of M/s DDRC SRL Diagnostic P Ltd. Vs. ITO Mumbai Bench of ITAT have held that If the hospitals/laboratories act as mere link between the assessee and patients, then the discount given by the assessee would definitely fall under the category of Commission liable for deduction u/s 194H of the Act.

If absence of exempt income disallowance u/s 14A not warranted

January 7, 2016 1169 Views 0 comment Print

In the case of M/s Chhaganlal Khimji & Co. Vs. ACIT Mumbai Bench of ITAT have held that that no disallowance can be made u/s.14A when there is no exempt income. ITAT relied upon the judgments of various courts in coming to the conclusion.

RBI: Setting up of IFSC Banking Units (IBUs) – Permissible activities

January 7, 2016 438 Views 0 comment Print

Please refer to our circular DBR.IBD.BC.14570/23.13.004/2014-15 dated April 01, 2015 setting out RBI directions relating to financial institutions set up in the International Financial Services Centres (IFSC). Based on the feedback and requests received from various stakeholders, certain provisions of the directions have been reviewed and are modified as follows:

Conditions for Non-Fund Based Facility to Non-constituent Borrowers of Bank

January 7, 2016 4506 Views 0 comment Print

Please refer to paragraph 2(iii) of our circular DBOD.Dir.BC.62/13.07.09/2002-03 dated January 24, 2003 on ‘Discounting/Rediscounting of Bills by banks’ advising banks not to extend any non-fund based facilities to non-constituents borrowers of the banks. The restriction was imposed to prevent frauds, diversion of funds etc. in case bank sanctions “one-off” transaction facilities without assessment of credit needs of the borrowers on well established credit norms.

Master Circular- Prudential Norms for Classification, Valuation and Operation of Investment Portfolio by FIs- Amendment

January 7, 2016 1194 Views 0 comment Print

If any credit facility availed of by the issuer is classified as NPA in the books of the FI, investment in any of the securities, including preference shares issued by the same issuer would also be treated as NPI and vice versa.

Mere reason to believe that income has escaped assessment not sufficient to reopen assessments beyond 4 years

January 7, 2016 603 Views 0 comment Print

Delhi High Court held In the case of CIT vs. Vishishth Chay Vyapar Ltd. that the legal requirement that the reason to believe must be predicated on tangible material or information” and that the belief must be rational and bear a direct nexus to the material on which such a belief is based” was not fulfilled in the present case.

No new addition can be made in reopening on issue duly considered during original proceeding

January 7, 2016 575 Views 0 comment Print

Delhi High Court held In the case of Shri Parasram Industries Pvt. Ltd. vs. ITO that the present case is related to change of opinion. This is so, because in the questionnaire, the AO specifically raised the issue with regard to the validity of shareholdings.

Exempt marketing & brand promotion of agri products in rural areas from service tax

January 7, 2016 773 Views 0 comment Print

Apex industry body ASSOCHAM has urged the Finance Ministry to keep all services provided for agricultural produce outside service tax ambit. Services like warehouse management, security, laboratory testing and others that are essential to secure storage of agri-produce should be included in the negative list or in the list of exempted services, recommended The Associated Chambers of Commerce and Industry of India (ASSOCHAM) in its pre-budget memorandum submitted to the FinMin.

CENVAT of Inputs & Input services for producing electricity captively consumed allowed

January 7, 2016 6165 Views 0 comment Print

It was held that CENVAT credit of inputs and input services used for production of electricity captively consumed is allowed. Further no reversal of CENVAT credit is required under Rule 6 of CENVAT credit rules,2004.

CCI (Procedure for transaction of business relating to combinations) Amendment Regulations, 2016

January 7, 2016 1378 Views 0 comment Print

F.No. CCI/CD/Amend/Comb.Regl./2016 In exercise of the powers conferred by section 64 of the Competition Act, 2002 (12 of 2003), the Competition Commission of India hereby makes the following regulations further to amend the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011, namely:-

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