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Archive: 13 May 2017

Posts in 13 May 2017

Redemption fine of 10% & penalty of 5% of value of goods is sufficient punishment to importer

May 13, 2017 18201 Views 0 comment Print

Issue of imposition of redemption fine and penalty has been settled and now various Benches of the Tribunal have consistently held that the redemption fine of 10% of the value of the goods and penalty of 5% of the value of the goods is sufficient punishment to the importer. Therefore, following the ratios of various […]

CA guilty of Professional Misconduct for giving forged challan copies

May 13, 2017 4221 Views 4 comments Print

This Reference, under Section 21 (5) of Chartered Accountants Act, 1949 (hereinafter referred to as “Act, 1949”), has been received in this Court, sent by Council of Institute of Chartered Accountants of India (hereinafter referred to as “ICAI”) in the matter of D.K.Agrawal, FCA of M/s Dinesh K. Agrawal & Co., Chartered Accountants, 46­A, Madhav Kunj, Pratap Nagar, Agra.

Delhi HC allows IT exemption to VHP for ban period post Babri Masjid Demolition

May 13, 2017 897 Views 0 comment Print

The division bench of the Delhi High Court confirmed the Income Tax exemption granted to the Viswa Hindu Parishad (VHP) for the period in which they were banned by the government under UAP Act.

Allow exporters to pay GST on transactions through e-currency: FIEO

May 13, 2017 1251 Views 0 comment Print

 FIEO Press Release on GST In the background of the forthcoming GST being introduced soon in the country, Shri Ganesh Kumar Gupta, President, Federation of Indian Export Organisations(FIEO) accompanied by Shri Nari Kalwani Regional Chairman and other Managing Committee Members of FIEO (Eastern Region) called on Dr Amit Mitra, Hon’ble Minister for Finance & Commerce, […]

No TDS to be deducted on Export Commission by Hero Motors to HMCL

May 13, 2017 1809 Views 0 comment Print

In CIT Vs. Hero Motor corp Ltd, the Delhi High Court held that the payment of export commission made by the Hero Motors to Honda Motor Co. Ltd (HMCL) was not in the nature of payment of royalty or fee for technical services attracting dis allowance under Section 40 (a) (i) of the Income Tax Act.

TP: When Resale Price Method can be used with respect to related parties

May 13, 2017 2895 Views 0 comment Print

Transfer Pricing Officer has selected RPM as most appropriate method for determining the arm’s length price of the transaction of sale of programmes and film rights to ATL in contrast to the TNM method selected by the assessee. The first controversy is as to whether the Transfer Pricing Officer was justified in selecting the RPM as most appropriate method.

Stricture against HC in Lalu Yadav case for inconsistent decision-making

May 13, 2017 1632 Views 0 comment Print

Such inconsistent decision-making ought to have been avoided at all costs so as to ensure credibility of the system. The impugned orders are palpably illegal, faulty and contrary to the basic principles of law and Judge has ignored large number of binding decisions of this Court while giving impermissible benefit to the accused persons and delayed the case for several years.

HC on non-striking off of irrelevant clause in Section 271(1)(c) penalty SCN

May 13, 2017 3600 Views 0 comment Print

In the notice issued u/s 274 r.w.s. 271(1)(c) of the Act of even date, both the limbs of Sec. 271(1)(c) of the Act are reproduced in the proforma notice and the irrelevant clause has not been struck-off

Commission to doctors cannot be allowed unless vouchers been produced even if allowed in earlier years

May 13, 2017 828 Views 0 comment Print

These appeals are filed challenging the orders passed by the Income Tax Appellate Tribunal, Cochin Bench, in ITA Nos. 120/08 and 119/08 pertaining to the assessment years 2002- 03 and 2001- 02. For the assessment years in question, the assessee had made deduction of payments said to have been made to doctors towards MRI Commission, CT Scan and USG Commission, Pathology Collection Commission and CT Commission National Hospital.

HC on allowability of depreciation & set off of deficit of earlier years claimed by Trust

May 13, 2017 1968 Views 0 comment Print

Assessee education-trust could claim depreciation on assets acquired for purpose of carrying out charitable activities and could also carry forward deficit of earlier years and set it off against income of current year.

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