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Archive: 15 December 2017

Posts in 15 December 2017

Mere instance of reduction in shares of profit of a partner resulting in increase in share of profit of another by itself will not constitute a ‘gift’

December 15, 2017 2253 Views 0 comment Print

A division bench of the Kerala High Court recently held that a mere reduction in the shares of one partner, resulting in proportionate increase of shares of another partner would constitute a gift for the purpose of taxation under Section 4 (1) (a) of the Income Tax Act.

SSI benefit cannot be availed by an undertakings which do not continue as SSI: SC

December 15, 2017 1842 Views 0 comment Print

Incentive meant for small scale industrial undertakings cannot be availed by industrial undertakings which do not continue as small scale industrial undertakings during the relevant period, the bench held.

Tariff Notification No. 116/2017-Customs (N.T.) Dated: 15th December, 2017

December 15, 2017 924 Views 0 comment Print

NOTIFICATION No. 116/2017-CUSTOMS (N.T.) Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver- Reg

Mere Non-Filing of C Form or Defects in its declaration would not Attract Penalty

December 15, 2017 2286 Views 0 comment Print

There is no allegation of any suppression of turnover. It is only with regard to non filing of Form C declaration or certain defects in Form C declaration. Thus, it is not a case where any penalty can be levied more so when there was no proposal in the revision notice dated 28.05.2007.

Advance payment of Duty in PLA account eligible for deduction: SC

December 15, 2017 2562 Views 0 comment Print

Advance deposit of central excise duty constitutes actual payment of duty within the meaning of Section 43B of the Central Excise Act and, therefore, the assessee is entitled to the benefit of deduction of the said amount.

Section 72A(7) Hospitals can’t be treated as an Industrial Undertaking for Set Off of Unabsorbed Depreciation

December 15, 2017 6213 Views 0 comment Print

The Bangalore bench of Income Tax Appellate Tribunal recently rejected the plea for setting off of unabsorbed depreciation since Hospitals can’t be treated as an industrial undertaking for the purpose of section Section 72A(7) of the Income Tax Act, 1961.

U S Taxation Vs Bangladesh taxation – Income tax, tax incentives and other information

December 15, 2017 1461 Views 1 comment Print

Sonar Bangla resonates with Bengal as a historical entity and Bangladesh, both in Commerce and Cricket with its exceptional performance has enabled us to remember its gigantic growth. When one looks at any good ready-made in U.S.A. it is an open secret that Bangladesh with its visible presence in all brick and mortar shops has […]

Deduction u/s 80P eligible on ‘interest’ earned by assessee on deposits placed with SBI by SBI Officers Co-op. Credit Society

December 15, 2017 6762 Views 0 comment Print

SBI Officers Coop. Credit Society Ltd Vs. ITO (ITAT Hyderabad) This is assessee’s appeal for the A.Y 2012-13. In this appeal, the assessee is aggrieved by the order of the learned CIT (A)-10, Hyderabad, dated 2.11.2016 confirming the dis allowance of Rs. 77,44,295 claimed by the assessee as a deduction u/s 80P of the Act. […]

Notice for reopening U/s. 148 cannot be issued in absence of fresh material

December 15, 2017 3705 Views 0 comment Print

An issue which had been examined in detail during original assessment itself, could not be re-examined in exercise of powers of reassessment, therefore, notice under section 148 was set aside.

SEBI (Issue and Listing of Debt Securities)(Second Amendment) Regulation, 2017

December 15, 2017 1077 Views 0 comment Print

No. SEBI/LAD-NRO/GN/2017-18/023.─ In exercise of the powers conferred under section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Board hereby makes the following regulations to further amend the Securities and Exchange Board of India (Issue and Listing of Debt Securities) Regulations, 2008

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