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Archive: 28 July 2017

Posts in 28 July 2017

Powers of AO and Appellate Authorities to consider bonafide claims beyond the window available for revising the return of income

July 28, 2017 4887 Views 0 comment Print

A moot question is whether a Tax Payer is allowed to make fresh claims beyond the due date of revising the return of income? Various judicial precedents have held that the Appellate Authorities as well as Assessing authorities have the jurisdiction to exercise their discretion whether or not to permit such additional claims raised for the first time. The same are listed hereunder:

Snippet on taxability of capital reduction

July 28, 2017 17421 Views 0 comment Print

Capital reduction is a commonly adopted tool by companies for re-engineering their capital structure. The need for reducing share capital may arise owing to a number of reasons, such as returning excess funds to the shareholders, adjustment of accumulated losses, minority squeeze out, improving EPS, producing a more efficient capital structure, etc. In this article we have analysed the importance to understand the key tax aspects related to capital reduction.

DVAT: Due date extended to 17/08/2017 for Filing Q1 returns of 2017-18

July 28, 2017 8172 Views 1 comment Print

I do hereby extend the last date of filing of online/hard copy of first quarter return for the year 2017-18, in Form DVAT­16, DVAT-17 and DVAT-48 along with required annexure/enclosures up to 17/08/2017,

CBEC asks Commissioner (Appeals) to dispose Pending Appeals by 31st Dec

July 28, 2017 864 Views 0 comment Print

I urge all Chief Commissioners to monitor disposal of pendency of Commissioner (Appeals) to ensure that all legacy cases are disposed off by 31st December, 2017. In this regard, a detailed guideline is being issued which should be followed strictly.

Section 115J AO does not have jurisdiction to go behind net profit shown in profit and loss account

July 28, 2017 1815 Views 0 comment Print

The present Appeal pertains to Assessment year 2004­05. The learned counsel for the Appellant submits that Tribunal was not justified in not accepting the re­working of the book profits by the Assessing Officer as per the provisions of Section 115JB of the Income Tax Act.

No TDS required to to be deducted on Reimbursement of expenses against separate bills to C&F agents

July 28, 2017 37992 Views 0 comment Print

Reimbursement of expenses against separate bills to C&F agents doesn’t require TDS and hence no dis allowance u/s 40(a)(1a)… ITAT Cochin bench held in the case of St. Mary’s Rubbers dismissing revenue’s appeal

Accounting adjustment of prior period errors and omissions

July 28, 2017 98022 Views 3 comments Print

While converting into Ind AS, the Companies are facing couple of practical issues in dealing with the requirements of Ind AS. There are lots of questions are still unanswered on practical aspects. Among the most common questions, one question is that – HOW TO ACCOUNT PRIOR PERIOD ERRORS?

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