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Composition of mixture important for classifying fertiliser-CESTAT

January 27, 2016 3775 Views 0 comment Print

for the purpose of classification of fertilisers, it is important to see where the products consists of nitrogen phosphorous and potassium as laid down in the explanatory notes, it should be classified as fertilizers.

Disallowance u/s 14A on exempt investment

January 27, 2016 8810 Views 0 comment Print

i. There is no interest expenses relatable to exempt investment. Assessee has made investment in the heads of tax free income. Investment in equity shares, insurance policies etc. are related to earlier years and were invested from the own capital funds. Therefore that investment is not related to this year. Hence, provisions of sec 14A […]

AO issuing original assessment order can only initiate reopening proceedings

January 27, 2016 3088 Views 1 comment Print

Delhi High Court held In the case of Dushyant Kumar Jain vs. DCIT held that it is only the AO who has issued the original assessment order under Section 143 (3) ,who is empowered to exercise powers under Section 147/148 to re-open the assessment.

Input Tax Credit- Analysis of section 9 of Delhi Value Added Tax Act, 2004

January 27, 2016 24709 Views 5 comments Print

In this article, efforts have been made to clarify the types of ambiguities which are commonly faced by the dealers while applying section 9 of DVAT Act, 2004 which contains provisions for claiming Input Tax Credit under the act.

HC can consider undisputed facts on records, remain unnoticed by tribunal:SC

January 27, 2016 989 Views 0 comment Print

Supreme Court held In the case of M/s Ganapathy & Co. vs. CIT that in the current case, each relevant fact considered by the High Court to answer the questions referred to it on the claim(s) of deduction raised by the assessee are acknowledged, admitted and undisputed facts.

Piercing corporate veil to identify beneficial ownership u/s 79 not permitted: HC

January 27, 2016 2426 Views 0 comment Print

Delhi High Court held In the case of YUM Restaurants (India) Pvt. Ltd. vs. ITO that both entities i.e Yum Asia and Yum Singapore which hold the shares of assessee, Yum India, for pre and post restructuring period respectively, were distinct entities.

Clearance of Livestock and Livestock products- regarding

January 27, 2016 609 Views 0 comment Print

Circular No. 2/2016-Customs Kind reference is invited to Boards Circular No. 13/2007- Customs dated 2nd March, 2007 on the subject cited above. Board has already issued instructions reiterating the provisions for import of Livestock/Livestock products to ensure that clearance of Livestock/Livestock products is done after proper quarantine check and issue of no objection certificate by Animal Quarantine Officer.

Sec. 50B– Capital gain in slump sale- while calculating net worth of business, depreciation must be accounted

January 26, 2016 6749 Views 0 comment Print

Delhi High Court held In the case of CIT vs. Dharampal Satyapal that as per section 50B, the value of the net worth must be computed by decreasing from the actual cost of asset falling within the block, the depreciation actually allowed in respect of previous years relevant to the assessment year commencing before 1st day of April, 1988

Analysis of Proposed Startup India Initiative

January 26, 2016 4008 Views 0 comment Print

Prime Minister Narendra Modi had announced the ‘Startup India, Standup India’ initiative on Independence Day the 15th Day of August, 2015. Startup India is a flagship initiative of the Government of India, intended to build a strong eco-system for nurturing innovation and Startups in the country that will drive sustainable economic growth and generate large scale employment opportunities.

Value of assets & depreciation on it, in the hands of purchaser in case of division purchase (purchaser in case of slump sale)

January 26, 2016 14929 Views 1 comment Print

Ankita Agrawal Income Tax Act, 1961 is quite clear on the tax implications in the hand of purchaser and seller in case of amalgamation or demerger, but when it is a division purchase or slump purchase, there are no specific provisions in the Act in relation to purchaser. Section 50B of the Act clearly specifies […]

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