"13 June 2016" Archive

Interest & discount on commercial papers & non-convertible debentures allowable if fully used in Business

CIT Vs Amar Ujala Publication Ltd (High Court of Delhi)

mar Ujala & A & M Publication had being merged & Assessing officer disallowed cost of finance incurred for merger of above said companies & thus CIT(A), ITAT & Highcourt deleted addition made by AO & thus gave following decision: All the funds available at that point of time with the respondent / assessee were, in the course of the yea...

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Non Furnishing of reopening reasons render reassessment invalid

Shri Inderjeet Singh Sachdeva Vs DCIT (ITAT Delhi)

AO is bound to furnish the reasons recorded for initiation of proceedings under section 147 of the Act within a reasonable period of time so that the assessee could file its objections thereto and the AO was to dispose of the same by passing a speaking order thereon, which the AO has not done. ...

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Penny Shares cannot be treated as bogus if documents are in order

Ms. Farrah Marker Vs ITO (ITAT Mumbai)

AO/CIT(A) have made the addition under section 68 of the Act merely on presumptions, suspicions and surmises in respect of penny stocks; disregarding the direct evidences placed on record and furnished by the assessee in the form of brokers contract notes for purchases and sales of the ‘said shares’...

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Share Profit cannot be treated bogus for fabulous return in Short Time

CIT Vs Shri Mukesh Ratilal Marolia (Bombay High Court)

The presumption is so compelling that comparatively a small amount of investment made by the assessee during the previous year period relevant to the assessment years 1999- 2000 and 2000-01 have grown into a very sizable amount ultimately yielding a fabulous sum of Rs. 1,41,08,484 which was used by the assessee for the purchase of the fla...

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Balance Sheet of Life

Identification- It is always in balance with two sides. Examples of two sides: Good Vs. Bad Day Vs. Night Strength Vs. Weakness Happiness Vs. Sorrow Success Vs. Failure Asset vs. Liability...

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Posted Under: Income Tax |

Repo Rate Reduction? How is it good news for Home Loan customers?

Repo rate is the rate at which the RBI lends money to Indian banks. So when RBI cuts repo rate, it helps banks as they can now get money at a cheaper rate. As the cost of raising funds for lenders goes down, the lenders are normally expected to pass on the benefits to borrowers by means of loan rate cuts (applicable for floating rate loan...

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Posted Under: Income Tax |

Govt. Group to examine amendments to India-Mauritius DTAA

With a view to examine the consequential issues arising out of amendments to India - Mauritius Double Taxation Avoidance Convention and related issues, a Working Group headed by Joint Secretary (FT&TR-II), CBDT and comprising of departmental officers and representatives of SEBI, custodians, brokerage firms and fund managers has been const...

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Posted Under: Income Tax |

Applicability of CARO 2016

ICAI) has recently issued a Guidance Note on the Companies (Auditor's Report) Order (CARO), 2016. CARO, 2016 is in supersession of the CARO, 2015. The requirements of the Order are supplemental to the Section 143 of the Companies Act, 2013. The Guidance provides explanations and clarifications on the matters specified in the Order on whic...

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Posted Under: Income Tax |

RBI Scheme for Sustainable Structuring of Stressed Assets

RBI/2015-16/422 DBR.No.BP.BC.103/21.04.132/2015-16 (13/06/2016)

In order to further strengthen the lenders’ ability to deal with stressed assets and to put real assets back on track by providing an avenue for reworking the financial structure of entities facing genuine difficulties, the Reserve Bank of India has today issued guidelines on a ‘Scheme for Sustainable Structuring of Stressed Assets’...

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Canada needs New policies to boost productivity & reduce risk

As per OECD survey Canada is adjusting to the end of the commodities boom, but new policies are needed to boost productivity and reduce financial stability risks....

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Posted Under: Income Tax |