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S. 68 No addition if parties have enough bank balance while giving loan

February 13, 2016 2468 Views 0 comment Print

ITAT Delhi held in the case ITO vs. Rekha Bansal that it is clear that the CIT (A) granted relief to the assessee on the basis of information received from the respective banks of the creditors u/s 133(6) wherein the CIT (A) found that the creditors had sufficient bank balance in their accounts before issuing cheques to the assessee.

Interest subsidy for repayment of loan acquired for acquisition of capital assets, is capital receipts

February 13, 2016 9580 Views 0 comment Print

ITAT Lucknow held in the case DCIT vs. M/s J.K. Cement Ltd. that certain conditions are made in the subsidy scheme, which is required to be fulfilled by the corporate sector in order to avail the benefit of subsidy.

Subsidy to set up new unit/expand existing unit is capital receipts

February 13, 2016 2350 Views 0 comment Print

ITAT Delhi held in the case of M/s. Shivalik Prints Limited vs. ACIT that in the judgment of CIT vs. Ponni Sugars and Chemicals Ltd. 306 ITR 392 (SC), the Hon’ble Supreme court have held that the character of the receipt of a subsidy in the hands of the assessee under a scheme has to be determined with respect to the purpose for which the subsidy is granted i.e. one has to apply the purpose test.

Sec 10A – Deduction allowed to new unit being independent unit, physical demarcation with old unit not relevant

February 13, 2016 1237 Views 0 comment Print

ITAT Lucknow held in the case of DCIT vs. M/s E-Soft Technologies Ltd. that as per the CBDT Circular No. 01 of 2013 and as per the Tribunal decision of the Pune Bench in the case of ACIT Vs Symantec Software India P. Ltd in ITA No. 787/PN/09, dated 30th November 2011

Revised Guidance Note on Reporting of Fraud

February 13, 2016 1739 Views 0 comment Print

The Council of the Institute of Chartered Accountants of India at its 350th meeting held on February 10, 2016 approved the Revised Guidance Note on Reporting on Fraud under Section 143(12) of the Companies Act, 2013.

Amount not assessable as Assessee’s income where direct payment made to parties for surrender of tenancy rights

February 13, 2016 764 Views 0 comment Print

ITAT Mumbai held in the case ITO vs. Smt. Elsa Silva that as per the agreement , ‘Athithi Builders’ has acquired the development rights of the said property after paying separately and directly by cheque Rs.2.73 crores to the assessee, Rs.1.23 Crores to Shri D.P.Koli and Rs.0.50 crores to Shri Alex Silva.

Love Should Not Be A One Day Affair

February 13, 2016 1446 Views 1 comment Print

Love is the loveliest of all human emotions. Because, it produces more solace and happiness to all parties involved. Life without love has no charm and it likens a lonely tree in a desert. Similarly, a person without love is a skin-clad bone cage only. Imagine the world without love. Only chaos will surround us.

13 Changes Modern Advocate need in Indian Courts

February 13, 2016 3037 Views 6 comments Print

1. Dress Code Change: No doubt Indian lawyers wear power dress and we as citizens respect the dignity of it, yet mostly the black and white combination is assigned to hotel waiters & railway staff also. These reasons limitise the unique privilege to lawyer’s dress. Seldom lawyers ignore to go in functions straight from court, […]

A Brief on Black Money Act Applicable from 1st April 2016

February 13, 2016 4560 Views 0 comment Print

The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 deals with the problem of black money i.e. undisclosed foreign income & assets, procedure for dealing with such income and assets and to provide for imposition of tax on any undisclosed foreign income and asset held outside India and for matters connected therewith or incidental thereto.

Service Tax- Concept of Bundled Service

February 13, 2016 21905 Views 2 comments Print

As the name suggests, ‘bundled services’ are the combination of two or more services. i.e. combination of provision of various services wherein provision of one service is combined with an element of provision of any other service or services.

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