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Sec.69A–Deeming provision cannot be initiated based on suspicion

January 29, 2016 3307 Views 0 comment Print

Suspicion and doubt may be the starting point of an investigation but cannot, at the final stage of assessment, take the place of relevant facts, particularly where a deeming provision is sought to be invoked.

MCA invite Comments on Draft NCLT related Rules under Companies Act, 2013

January 29, 2016 1352 Views 0 comment Print

283 Sections of the Companies Act, 2013 have already been commenced. Remaining sections related to functioning of NCLT/NCLAT and certain other authorities are yet to be notified. In view of the Supreme Court order dated 14 th May, 2015, the process for constitution of NCLT/NCLAT has been undertaken and these bodies are likely to be set up shortly.

Burden of proving unjust enrichment is on Revenue

January 29, 2016 3520 Views 0 comment Print

It was held that when the assessee has provided the required documents for justifying that the incidence of tax has not been passed on, it is for the department to show by adducing some material that the incidence of tax has been passed on.

Delhi VAT: Expeditious disposal of refund cases of amount upto Rs. 10,000

January 29, 2016 1175 Views 0 comment Print

CIRCULAR NO. 37 OF 2015-16 A considerable number of refund cases are lying pending with department and many representations are being received in this regard. In order to streamline the disposal of refund cases, at the first stage, it has been decided that all refunds pending upto the tax period ending 31st March, 2015 and having amount upto ₹ 10,000 in a tax period, would be processed expeditiously.

Powers of the A.O. are not plenary or unbridled

January 29, 2016 2418 Views 0 comment Print

Recently, I had an occasion to deal with a case, where no notice under section 143(2) of the Income‑Tax Act, 1961 (the Act), was served on the assessee, within the stipulated period of twelve months. But after the expiry of the aforesaid period, the Assessing Officer (AO) issued a notice under section 148 read with section 147 of the Act. We requested the AO to supply us the reasons recorded under section 148, which the AO did.

New Procedure for Adjustment of demand against Income Tax Refund

January 29, 2016 16548 Views 3 comments Print

F. No. 312/109/2015-OT Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes Room No. 281, Hotel Samrat Kautilya Marg, Chanakya Puri New Delhi – 110021 Telefax : 011-24101573 Mail – Salil.mishra@nic.in New Delhi, 29th January 2016 OFFICE MEMORANDUM Sub : Issue of refunds – procedure to be followed in other […]

Notification No. 16/2016-Customs (N.T.), Dated- 29th January, 2016

January 29, 2016 2237 Views 0 comment Print

Notification No. 16/2016-CUSTOMS (N. T.) In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise & Customs, being satisfied that it is necessary and expedient so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2001-Customs (N.T.),

Whether MAT applicable to share of a company in income of a joint venture business

January 29, 2016 2197 Views 0 comment Print

Of late, we have been witnessing a new and different trend in relation to the real estate development. Earlier, a builder would go for outright purchase of a piece of land from the landlord and develop the same at his own cost and risk. The scenario in this regard is undergoing a change. Now the landlord also desires to have a share in the profit of the project being undertaken by the builder and developer.

SEBI Revises Position Limits for Agricultural Commodities

January 29, 2016 1256 Views 0 comment Print

CDMRD/DMP/CIR/32/2016 Overall position limit for a particular commodity shall be restricted to numerical position limits as mandated from time to time. For the present, the numerical position limits as existing shall be continued. It is clarified that client level position limit equal to 5% of market wide open interest permitted earlier, is hereby discontinued.

Planning the Pay – Package of a Senior Executive

January 29, 2016 22397 Views 1 comment Print

As is well known income-tax is deducted at source in respect of income from ‘Salaries’. As the income of salaried tax-payers is fixed, they are more susceptible to inflationary pressures. Therefore, there have been progressive attempts on the part of the Legislature to grant more and more relief to salaried tax-payers. In order to subserve the aforesaid objective, a number of exemptions and deductions in respect of various allowances and other receipts,

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