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ICAI rescheduled date of One Paper of CA Final Exam

March 14, 2016 23830 Views 0 comment Print

It is notified for general information that in view of the General Election to the Legislative Assemblies of Kerala, Tamil Nadu and Puducherry, Group – II, Paper – 8, Indirect Tax Laws of Final Examination scheduled to be held on 16th May, 2016 at Alappuzha, Ernakulam, Kannur, Kollam, Kottyam, Kozhikode, Malappuram, Palakkad

No reassessment where no original assessment -SC

March 14, 2016 5329 Views 1 comment Print

Question of reassessment arises only when there is an assessment in the first instance i.e. no reassessment is possible without original assessment order passed. The High Court has wrongly not acted upon the ratio laid down in Trustees of H.E.H.

Revision cannot be done on Mere different conclusion of CIT

March 14, 2016 1564 Views 0 comment Print

ITAT Lucknow held in the case of M/s Juhi Alloys Pvt. Ltd. vs. CIT that since enquiry was made by the Assessing Officer on all the points on which objection had been raised by CIT in the notice issued by him u/s 263, this is not a case of lack of enquiry by the Assessing Officer or lack of application of mind by the Assessing Officer because on all the issues, query was raised by the Assessing Officer and replies were submitted by the assessee

Adjournment sought due to death in family is justifiable

March 14, 2016 6328 Views 1 comment Print

On account of some unavoidable reasons of the death in the family of the counsel of the appellant, the concerned counsel was unable to represent the appellant on the relevant date. The fact that there was a death in the family of the counsel of the appellant is not disputed by the learned Counsel appearing for the respondent.

Currency Conversion Charges not liable to service tax – CESTAT

March 14, 2016 4015 Views 0 comment Print

It was held that Currency Conversion Charges (mark up) in respect of credit/debit card transactions are not liable to service tax as the card transaction happened outside India.

After Malya Episode SEBI imposes restrictions on wilful defaulters

March 12, 2016 2695 Views 0 comment Print

No issuer shall make a public issue of equity securities / debt securities / non-convertible redeemable preference shares, if the issuer company or its promoter or its director is in the list of the wilful defaulters.

Off shelf software Payment not royalty under India-Singapore DTAA

March 12, 2016 2461 Views 0 comment Print

The assessee cannot be said to have paid the consideration for use of or the right to use copyright but has simply purchased the copyrighted work embedded in the CD- ROM which can be said to be sale of ‘good’ by the owner.

Petty charities in ‘golaks’ are not anonymous donations

March 12, 2016 2761 Views 0 comment Print

ITAT Amritsar held in the case of DCIT vs. All India Pingalwara Charitable Society that object of section 115BBC was to catch the unaccounted money which was brought in as Tax Free Income in the hands of the Charitable Trusts and this law was never meant for taxing the Petty Charities.

TPO may adopt CUP method for unexplained part of transactions

March 12, 2016 1324 Views 0 comment Print

Delhi High Court held In the case of Denso India Limited vs. CIT that there can be no dispute that the AO would normally accept the figures given in TP report, if they do not call for his interference. However, his job also extends to critically evaluating materials and in cases which do require scrutiny, go ahead and do so.

“Consumption, Use or Sale therein” for levy of Local Body Tax

March 12, 2016 3334 Views 1 comment Print

Every Local Body Tax (LBT) Practitioner is facing daily disputes with Corporation Authorities for levy of LBT qua goods or qua dealer due to misunderstanding of relevant sections under, The Maharashtra Municipal Corporation Act. The relevant sections for dispute in relation to ‘goods’ are section 127(2), 152B and 152P of the Act.

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