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Archive: 28 January 2016

Posts in 28 January 2016

Widening Scope of Scrutiny Through Selection of Cases On the Basic of AIR

January 28, 2016 2108 Views 0 comment Print

We all are aware about the Scrutiny Proceedings in the case of ITR which is usually a trauma for each and every person. Now-a-days, CBDT has given instructions to select the cases for scrutiny on the basis of some specific transactions if entered in by any person. Regarding these transaction Income Tax Department (ITD) is collecting the data from different authorities or companies through Annual Information Return (AIR).

Assessment in the name of non-existent entity is void ab initio

January 28, 2016 2767 Views 0 comment Print

In the Case of Sapient Consulting Limited vs. DCIT, ITAT Delhi relying upon the order of Jurisdictional High Court held that framing the assessment in the name of non-existent entity is not a procedural irregularity curable u/s 292B of the Act or under any other provision of the Act but it is a jurisdictional defect and hence any order passed in the name of ‘dead person’ is void ab-initio.

Actual date of transfer relevant for benefit u/s 54 if possession been given before ‘Sale Deed’

January 28, 2016 1984 Views 0 comment Print

In the case of Shashi Gupta vs. ITO, the Delhi Tribunal while considering the effective date of transfer of immovable property for the purpose of taking benefit of time limit specified u/s 54 of the Act considered the date of ‘agreement to sell’ of an immovable property as effective date of transfer of property

Business income to be computed according to books of accounts if not rejected

January 28, 2016 546 Views 0 comment Print

In the case of Shree Hari Agro Industries Ltd. Vs. DCIT, the Kolkata Tribunal on the issue of disallowance of alleged excess consumption claim of chemical ‘Hexane’ held that The AO has to compute income from business according to the books of accounts of the Assessee.

Custom valuation Rule 4 will not apply if Import is without monetary consideration: SC

January 28, 2016 1184 Views 1 comment Print

In the Case of M/s GMR Energy Ltd vs. Commissioner of Customs, Bangalore, Hon’ble Supreme Court while dealing with the appeal of the assessee and of the revenue held that Rules 4 and 9 of the Custom Valuation Rules, 1988 would only apply in case imported goods are sold for export to India.

Onus is on revenue to establish depression of assessable value; Matter Remanded back – SC

January 28, 2016 594 Views 0 comment Print

In the case of Commissioner of Central Excise, Pune V/s. Hindustan National Glass and Industries Limited, it was held that the onus is on the revenue to establish that there has been depression of assessable value and that being the thrust of the matter, liberty is granted to the revenue to produce the documents in this regard to discharge the onus.

Voluntary contributions towards corpus cannot be taxed, even if Trust is not registered u/s 12AA

January 28, 2016 7777 Views 1 comment Print

ITO Vs. M/s. Vokkaligara Sangha (ITAT Bangalore) It was held by ITAT that voluntary contributions received for a specific purpose cannot be regarded as income under Section 2(24)(iia) of the Act since they are capital receipts and tied up grants for specific purpose.

Norms for empanelment CA firms to be appointed as statutory branch auditors for PSU Banks for year 2015-16

January 28, 2016 9723 Views 1 comment Print

Norms for the empanelment of audit firms to be appointed as statutory branch auditors for Public Sector Banks (2015-16)

Norms on eligibility, empanelment and selection of Statutory Central Auditors in PSU Banks for year 2015-16

January 28, 2016 2155 Views 0 comment Print

Norms on eligibility, empanelment and selection of Statutory Central Auditors in Public Sector Banks for the year 2015-16 (i) The audit firm shall have a minimum 7 full time chartered accountants, of which at least 5 should be full time partners exclusively associated with the firm. The remaining 2 could be either exclusive partners or […]

Norms for empanelment of Statutory Central Auditors in PSU Banks for 2016-17 & onwards

January 28, 2016 2712 Views 0 comment Print

Norms on eligibility, empanelment and selection of Statutory Central Auditors in Public Sector Banks from the year 2016-17 and onwards- The audit firm shall have a minimum of 7 full time chartered accountants, of which at least 5 should be full time partners exclusively associated* with the firm. Of these five full time exclusively associated* partners, one each should have minimum continuous association with the firm at least for 15 years and 10 years, two with a minimum continuous association of 5 years each and one with a minimum continuous association of one year.

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