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Archive: February, 2016

Posts in February, 2016

Brokerage expenses not allowed against income from house property

February 11, 2016 17858 Views 0 comment Print

ITAT Mumbai held In the case of M/s. Radiant Premises Pvt. Ltd. vs. ACIT that the phrase rent received and receivable u/s 23, contemplates the amount received for the enjoyment of the property and certain rights in the said property by the tenant.

Interest on TDS deduction default not sustainable, where tax liability of deductor is NIL

February 11, 2016 1657 Views 0 comment Print

Madras High Court held In the case of M/s. Anusha Investments Ltd. vs. ITO that in the present transaction, admittedly there is no tax liability on the purchase of shares. As a result, the question of deducting tax at source and the assessee violating the provisions of Section 195 does not arise

Issue of shares without cash payment through sweat equity or against legitimate payment owed

February 11, 2016 1829 Views 0 comment Print

Issue of shares without cash payment through sweat equity: Reserve Bank of India vide Notification No. FEMA.344/2015 RB dated June 11, 2015 has permitted Indian companies to issue sweat equity, subject to conditions, inter-alia, that the scheme has been drawn either in terms of regulations issued under the Securities Exchange Board of India Act, 1992 in respect of listed companies or the Companies (Share Capital and Debentures) Rules, 2014 notified by the Central Government under the Companies Act 2013 in respect of other companies.

RBI: Applicability of Legal Guardianship Certificates issued under Mental Health Act, 1987

February 11, 2016 891 Views 0 comment Print

It has been brought to our notice that banks are insisting on guardianship certificate from all mentally ill persons. In this regard it is clarified that paragraph 2(iii) of the aforesaid circular is not intended to mandate banks to insist on appointment of a guardian as a matter of routine from every person who is in need of treatment by reason of any mental disorder.

Clarification on start-ups accepting payment on behalf of overseas subsidiaries

February 11, 2016 823 Views 0 comment Print

a. A start-up in India with an overseas subsidiary is permitted to open foreign currency account abroad to pool the foreign exchange earnings out of the exports/sales made by the concerned start-up; b. The overseas subsidiary of the start-up is also permitted to pool its receivables arising from the transactions with the residents in India as well as the transactions with the non-residents abroad into the said foreign currency account opened abroad in the name of the start-up;

Sec. 80P Principle of mutuality applies to Transfer fees, Non-occupancy/ Car parking charges

February 11, 2016 3728 Views 0 comment Print

ITAT Mumbai held in the case of In the case of Lands End Co-operative Housing Society Limited vs ITO, that receipt of transfer fees, Non-occupancy charges and car parking charges are covered by the principle of mutuality.

Procedure for export of sesame seeds to European Union countries – Deferment of implementation

February 11, 2016 737 Views 0 comment Print

Central Government hereby makes the following amendment in Notification No. 37/2015- 20 dated 03.02.2016 relating to procedure for export of sesame seeds to the European Union countries:-

Delhi VAT: Filing of online returns by firms/ companies engaged in Courier Business

February 11, 2016 5005 Views 0 comment Print

All firms/companies engaged in the business of courier activities and having their offices functioning within the National Capital Territory of Delhi, to furnish an online quarterly return of details of transactions of delivering goods having value more than Rupees Ten Thousands at the doorsteps of their clients either individually or at the business places or offices in the format ‘Form CR-II’ enclosed herewith. This shall further be subject to the following conditions:-

Delhi VAT: Regarding time period for rectification or revision of return in form GE II

February 11, 2016 4228 Views 0 comment Print

Returns in Form GE-II for the first three quarters of the current financial year (i. e. 1st April, 2015 to 30th June, 2015; 1st July, 2015 to 30th September, 2015 and 1st October, 2015 to 31st December, 2015) are required to be filed by 29th February, 2016

Addition of new Address functionality for NMS cases in AIMS module

February 10, 2016 1237 Views 0 comment Print

NMS cases are pushed under AIMS module for further action by field formations. This module provides a functionality to issue system generated letters to the non-filers.

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