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Lump sum alimony is a capital receipt and therefore not taxable

March 11, 2016 7237 Views 0 comment Print

The Bombay High Court held that the monthly alimony amounted to taxable income in the hands of the assessee. However, the lump sum alimony was in the nature of capital receipt.

Reopening without disposing Assessee’s objections, not valid

March 11, 2016 2341 Views 0 comment Print

Bombay High Court held In the case of M/s. Bayer Material Science Pvt. Ltd. vs. DCIT that the draft Assessment order was passed on 30th March, 2015 without having disposed of the Assessee’s objections to the reasons recorded in support of the impugned notice.

Reopening without alleging non-production of material facts is invalid

March 11, 2016 14761 Views 1 comment Print

It remains undisputed that in the reasons recorded by the AO, there is no allegation, much less any specific one, regarding any alleged failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment.

S. 40(a)(iii): No specified period for TDS deposit in claiming salary expenses

March 11, 2016 9514 Views 0 comment Print

Delhi High Court held In the case of ANZ Grindlays Bank Ltd. vs. DCIT that absence of a provision similar to sec. 40(a) (i) does not mean that the Assessee would also be disentitled to claim deduction on account of salaries in the year to which such expenses pertained even though

Sales commission Cenvat amendment: Prospective or retrospective?

March 11, 2016 11761 Views 2 comments Print

Assessee and Department have been involved in tug of war on cenvat credit on inputs, input services and capital goods. The assessee attempting to avail credit of every possible input / capital goods /input service by liberally interpreting their definitions and department denying the Cenvat credit by following the principle of literal interpretation. Cenvat Credit on sales commission has always been a sensitive issue since dawn.

Service Tax Impact on Freight Forwarders and Logistics Industry

March 11, 2016 46030 Views 3 comments Print

In case services of transportation of goods are availed from a domestic entity,service tax needs to be charged by the Indian shipping company, whereas such services being availed from any foreign entity would attract tax liability under the Reverse Charge Mechanism (‘RCM’). This amendment would come in effect from June 1, 2016 and its consequential effects are outlined below.

Excise Duty on Textile Sector: Increased cost & Compliance Burden

March 11, 2016 19351 Views 2 comments Print

CA Rajesh Kumar T R CA Ashish Chaudhary Textile has been subjected to duty of excise at different point of time. In 2004, exemption was granted on textile articles falling under chapter 61, 62 and 63 from duty of excise by issuing Notification No. 30/2004-CE. It was again subjected to duty in 2011-12. After remaining […]

Order cannot travel beyond allegations raised in SCN

March 11, 2016 9847 Views 0 comment Print

In this case in the show-cause notice the allegation is that the appellant availed input service credit on construction of shopping complex outside the factory premises whereas in the impugned order, the demand has been confirmed on the ground that the service provided and credit availed was not either directly or indirectly in relation to the manufacture of the appellant’s final product.

TDS deducted but not deposited – Demand against deductee

March 11, 2016 15085 Views 1 comment Print

The Central Board of Direct Taxes had issued directions to the field offices that taxpayers whose tax has been deducted at source but not deposited to the Government’s account by the deductor, will not be asked to pay the demand to the extent tax has been deducted from his income.

How to Choose the Right Career – CA , CS or CMA?

March 11, 2016 13435 Views 0 comment Print

In this video Super Prof KK Agrawal discusses the salient features of the CA, CS, CMA courses and presents the career prospects of each of these options so that students may then introspectively decide on their key strengths and choose the right career.

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