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CBEC compiling List of prosecution up to 5 Lakh cases in Excise

January 18, 2016 1368 Views 0 comment Print

The undersigned is directed to inform that this office is carrying out a study to explore whether the cases where prosecution proceedings are pending for more than 15 years and involving Central Excise duty of up to Rs. 5 lakhs, needs to be withdrawn.

Delhi Govt. hikes VAT on petrol and diesel

January 18, 2016 1235 Views 0 comment Print

No. F.3(26)/Fin(Rev-I)/2015-16/DS-VI/22- 27- Petrol (Motor Spirit)- paise in the rupee. Diesel (High Speed Diesel, Super Light Diesel Oil, Light Diesel Oil)- 18 paise in the rupee

ICAI grants time up to 31.12.2016 to Complete GMCS-I Course

January 18, 2016 1295 Views 0 comment Print

Completion of GMCS-I Course by the students registered for articleship training on or after 1st May, 2012 and updation of record in the system Dear Student,  As you are aware that the student registered for articleship training on or after 1st May, 2012 have to undergo the following- GMCS-I Course (15 days)   : during the 1st year […]

Rule 46A – No contravention, as Arbitral Award not in nature of document/evidence, may be considered in any stage of proceedings

January 17, 2016 850 Views 0 comment Print

ITAT Chandigarh held In the case of M/s HMM Coaches Ltd. vs. ACIT that according to the Arbitration and Conciliation Act, the Arbitral Award is like a decree of the Court and is executable by the Courts. It is, therefore, like an order/judgement enforceable at law and as such, could not be construed as document or evidence.

Section 263 – Revision valid where AO has not made any enquiry about quantification of losses claimed

January 17, 2016 1475 Views 0 comment Print

ITAT Delhi held In the case of G. E. Money Financial Services Ltd. vs. DCIT that where AO has not verified either (a) the allowability of the loss in principle or (b) where the claim is factually correct as quantification of the loss has not been verified by the AO, in both cases exercise of powers u/s 263 is in accordance with law.

Being ownership vest with lessor in leased including sale & lease back assets, depreciation u/s 32 allowed

January 17, 2016 3253 Views 0 comment Print

ITAT Mumbai held In the case of ICICI Ltd. vs. ACIT that in assessee’s own case for the AY 1995-96, the ITAT referred the case of S.B.I. Home Finance Ltd. v. CIT (2006) 280 ITR 6 in which the Hon’ble Calcutta High Court has held that the leased transactions were genuine.

Reassessment not valid on mere information of investigation wing as no direct nexus establishes with income escapement

January 17, 2016 755 Views 0 comment Print

ITAT Delhi held In the case of ITO vs. M/s Shakti Securities Pvt. Ltd. that merely based on investigation wing information without surveillance of substantiation and without any statement being mentioned therein and without nature of transaction being narrated therein and without tangible material

Entry Tax in Uttarakhand on E-Commerce-A Reality

January 17, 2016 1728 Views 1 comment Print

Advocate Rajnish R. Singla State of Uttarakhand must have mistaken the figures of E-Commerce and dreaming for higher revenues. Any way, they are going to tax everything until one’s last breath and thereafter too for funerals, so not surprised in their decision. That’s the governance, to tax, tax over tax, additional tax, entry tax, cess […]

No time limit for compliance of direction or findings of appellate forum

January 16, 2016 3580 Views 0 comment Print

Common appeal is raised by the assessee against the order of CIT relating to assessment year 2001-02 & 2005-06, therein CIT by virtue of Sec 263 of Income Tax Act, 1961(ACT) ordered assessing officer to make fresh assessment for said asstt year

On voluntarily disclosure in response to notice u/s 153A before any detection by revenue, immunity from levy of penalty can’t be denied

January 16, 2016 871 Views 0 comment Print

In the case of DCIT Vs. Deepak Chaudhary Kolkata Bench of ITAT have held that the assessee has cumulatively satisfied all the conditions stipulated in Clause 2 of Explanation 5 to Section 271(1)( c) of the Act and hence entitled for immunity from levy of penalty for all the assessment years under appeal.

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