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Archive: March, 2016

Posts in March, 2016

Companies amendment Bill 2016 & CA 2013-Part-2

March 21, 2016 14369 Views 0 comment Print

In this series, I am analyzing the proposed amendments with the existing provisions in the Companies Act, 2013. The Part – 2 of the series deals with amendments with respect to Annual return, Financial Statements, General Meetings, Postal ballot, CSR & Auditors.

Compensation to Retiring Partners as Goodwill is Eligible for Depreciation

March 21, 2016 2937 Views 0 comment Print

Whether the ITAT was right in treating the payments made to retiring partners in the nature of compensation can be termed as goodwill and subsequently eligible for depreciation?

Stay Granted in 263 case revised on ground other than in SCN

March 21, 2016 1189 Views 0 comment Print

Counsel for the assessee submitted that the Assessing Officer completed the assessment u/s 143(3) of the Act by an order dated 28.3.2013. The Principal Commissioner of Income-tax in the guise of exercising his power u/s 263 of the Act, issued show cause notice calling for the objection of the assessee.

S.68 Assessee only required to provide evidence of identity & transactions

March 21, 2016 3586 Views 0 comment Print

The Jaipur bench of ITAT in the above cited case held that the assessee is only expected to produce the documentary evidences regarding the transaction and identity of the persons from whom it has accepted the deposits.

Project office used as communication channel is not PE

March 21, 2016 2170 Views 0 comment Print

Back office operations carried on at an office would fall within the exclusionary clause of Article 5(3) (e) of the Treaty between India and United States which is also identically worded as Article 5(3) (e) of the India-UAE DTAA.

If management & control is outside Sikkim, income is Taxable

March 21, 2016 4270 Views 0 comment Print

Delhi High Court held In the case of CIT vs. Mansarovar Commercial Pvt. Ltd. that Mr. Rattan Gupta was not only doing the audit work of the five Assessee companies, but determining who should be the directors of the said companies.

Statement cannot be sole basis for addition in block assessment

March 21, 2016 2875 Views 0 comment Print

Statements recorded would certainly constitute information and if such information is relatable to the evidence or material found during search, the same could certainly be used in evidence in any proceedings under the Act as expressly mandated by virtue of the explanation to Section 132(4).

Notification No. 20/2016-Income Tax, Dated: 21/03/2016

March 21, 2016 973 Views 0 comment Print

The terms and conditions mentioned in this notification as well as those included in the aforesaid Industrial Park Scheme, 2008 should be adhered to during the period for which benefits under the said scheme are to be availed and in case the undertaking, fails to comply with any of the conditions, the Central Government may withdraw the aforesaid approval.

Impact of SEBI (LODR), 2015 to a Debt Listed Company

March 21, 2016 14872 Views 2 comments Print

SEBI (LODR) regulations has been divided into various chapters depending upon the nature of securities, like chapter IV that prescribe the obligations for those Listed Entities which has listed its Specified Securities and chapter V prescribe the obligations for those Listed Entities which has listed its Non-Convertible Debt Securities and Non-Convertible Redeemable Preferences Shares.

Maharashtra Budget 2016- Key Provisions related to MVAT

March 21, 2016 8074 Views 3 comments Print

Dayal R Kundani The Maharashtra Budget for F.Y. 2016-17 was pronounced on 19th March, 2016. In the Speech the Finance Minister has made the following proposals while presenting the Budget. Contents of Key proposals Value Added Tax – RATE CHANGE Increase of rate of tax from existing 5% to 5.5% Reduction in Tax on LED […]

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