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Archive: 21 February 2017

Posts in 21 February 2017

Duty of AO in case of Reassessment after 4 Year of original assessment

February 21, 2017 1719 Views 0 comment Print

AO bound to demonstrate that the assessee has failed to disclose material facts fully and truly which has resulted in escapement of income. If he fails to demonstrate this aspect, then, in the case where scrutiny assessment has been made and four years have expired, he cannot take action under section 147 of the Income Tax Act.

Transfer Pricing adjustment has to be done only in respect of International Transactions with Associated Enterprises

February 21, 2017 6696 Views 2 comments Print

We also note that the Delhi High Court in Commissioner of Income Tax Vs. Keihin Panalfa Ltd. (ITA No.11 of 2015) decided on 9th September, 2015 has while dealing with transfer pricing adjustment in the absence of segmental accounts held that adjustments have to be restricted only to transactions with Associated Enterprises. It further held that whereseparate accounts are not available, then proportionate adjustments to be made only in respect of the international transactions with Associated Enterprises.

Leave encashment provision based on actuarial valuation is not unascertained liability

February 21, 2017 7578 Views 0 comment Print

It is an admitted fact that provision for leave encashment has been made on the basis of actuarial valuation report. Relevant notes in this regard have also been given by the assessee in its annual financial statements.

Reg. Modification in IEC involving shift in its jurisdictional RA

February 21, 2017 1086 Views 0 comment Print

When an IEC holder seeks modification/ change of Head Office/ Registered Office address in its IEC and which involves a shift in its jurisdictional RA, a request to that effect will have to be made to the new RA, to whose jurisdiction the applicant is shifting its office.

10 lakh citizens get rewarded for embracing Digital Payments

February 21, 2017 1413 Views 1 comment Print

It has been 58 days since the launch of NITI Aayog’s two incentive schemes – Lucky Grahak Yojana and Digi Dhan Vyapar Yojana to promote digital payments and the public response has been quite encouraging.

Mere client code modification by broker does not mean that any income has escaped assessment

February 21, 2017 5409 Views 0 comment Print

This petition challenges notice dated 31st March, 2016 issued under Section 148 of the Income Tax Act, 1961. The impugned notice seeks to reopen the assessment for Assessment Year 2009-­10. The regular assessment proceedings were completed on 28th December, 2011 under Section 143(3) of the Act.

AO to issue show cause notice before making reference to TPO

February 21, 2017 2898 Views 0 comment Print

Rule. Mrs. Mauna N. Bhatt, learned advocate waives service of notice of rule on behalf of the respondents. In the facts and circumstances of the case and with the consent of the learned advocates appearing for the respective parties, the present petition is taken up for final hearing today.

Aadhaar Mandatory for Saakshar Bharat Scheme

February 21, 2017 819 Views 0 comment Print

Department of School Education and Literacy, Ministry of Human Resource Development in the Government of India is implementing the Centrally Sponsored Scheme of Adult Education and Skill Development commonly known as Saakshar Bharat Scheme

Reopening on mere audit party info without application of mind is invalid

February 21, 2017 1596 Views 0 comment Print

The petitioner has challenged a notice dated 29.3.20 14 by which the respondent no.1 Assessing Officer sought to reopen the assessment of the petitioner for the assessment year 2009-­2010.

Comparison of Format of Profit & Loss Account and Balance Sheet of IND AS Compliant & Other Companies

February 21, 2017 30312 Views 0 comment Print

MCA notified amendments to existing Schedule III by way of notification on 6th April 2016. Revised Schedule III is divided into DIVISION I and DIVISION II. The purpose of notification was to prescribe new format of P&L and Balance Sheet for IND AS Compliant Companies.

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