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Archive: May, 2016

Posts in May, 2016

Reopening for mere change of opinion not permissible in law

May 19, 2016 1864 Views 0 comment Print

He further stated that the reassessment proceeding is time bar and assessment cannot be reopen due to mere change of opinion after the assessment, the addition of Rs.29,65,101/- has wrongly been made, which was dully explained and duly credit in books of alc and there is no concealment.

Incorrect claim based on CA report won’t attract penalty

May 19, 2016 3019 Views 0 comment Print

ITAT held that making of an incorrect claim by assessee which is supported by a report of Chartered Accountant cannot be hold as furnishing inaccurate particulars of income. Therefore, penalty u/s 271(1)(c) is not warranted as the claim made under bonafide belief.

Substantial modification of Quantum order by CIT(A) renders penalty proceedings non-existent

May 19, 2016 2248 Views 0 comment Print

It was held that Once the assessment order of the AO in the quantum proceedings was altered by the CIT (A) in a significant way, the very basis of initiation of the penalty proceedings was rendered non-existent. The AO could not have thereafter continued the penalty proceedings on the basis of the same notice.

Tribunal's decisions binding on lower authorities

May 19, 2016 6751 Views 0 comment Print

It was held that the Tribunal’s decisions are binding on the lower authorities and cannot be ignored on the sole ground that the Revenue may prefer to file appeal against the same before the higher authorities until and unless the same is set aside by a higher forum.

Exports to SEZ should be included for Refund of Service Tax

May 19, 2016 3160 Views 0 comment Print

It was held that when the revenue proceeded to include the value of SEZ exports in computing the total turnover, the same should also have been included in computing export turnover and accordingly the value of export turnover should be equal to the total turnover and the value of SEZ exports should be included in the export turnover (numerator).

Penalty on Firms than No separate penalty on partners

May 19, 2016 4474 Views 0 comment Print

Once partnership firm penalized, separate penalty not imposable upon partner of the firm because the partner is not a separate legal entity as there is no difference between the partner and the partnership firm.

Appointment/extension of tenure of SPPs handling CBEC cases Reg

May 19, 2016 1759 Views 0 comment Print

The Board vide Instruction dated 29.2.2016 (copy available on CBEC Website) has prescribed the procedure for selection of Special Public Prosecutors (SPPs) for handling CBEC cases before the Subordinate Courts/Courts of Session and High Court. Para ‘2’ of the said Instruction dated 29.02.2016, inter alia, provides times lines for processing and forwarding the proposal to Board.

India & Slovenia signed Protocol amending DTAA Convention

May 19, 2016 991 Views 0 comment Print

India and Slovenia have signed a Protocol amending the existing Convention and Protocol between the two countries for avoidance of double taxation and prevention of fiscal evasion with respect to taxes on income on 17th May, 2016 in Ljubljana.

How To Live Happily Within Means

May 19, 2016 4501 Views 1 comment Print

In the modern world, the pulls and pressures are more for spending whatever one earns. The consumerism and materialism are the main culprits behind this pathetic situation. Even if an individual attempts to rein in the expenditure within the limit of his/her income, the lifestyle of the people in the surroundings would tempt and induce towards wasteful and extravagant expenses.

Various aspects of Offshore Derivative Instruments (ODIs)

May 19, 2016 1438 Views 0 comment Print

The Board took note of the measures taken by SEBI for tightening the eligibility and investment norms for ODI issuers and subscribers for the past few years. SEBI vide circular dated January 17, 2011 introduced comprehensive reporting framework for ODI issuers,

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