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ICAI- Restoration of Membership of the Institute

December 28, 2015 2864 Views 2 comments Print

You are invited to apply for restoration of membership by submitting Form No. 9 and update the particulars wherever necessary, if any, in case your name has been removed from the Register of Members due to non-payment of requisite fee before the due date.

FTP: Deletion of Panama from Country Group-C under MEIS Scheme

December 28, 2015 370 Views 0 comment Print

In order to address this anomaly, in exercise of powers conferred under paragraph 1.03 read with paragraph 2.04 of the Foreign Trade Policy 2015-2020, the entry “Panama” at Serial No.50 under Country Group-C of Table 1 of Appendix 3B­MEIS Schedule notified.

India Revises text of Model Bilateral Investment Treaty; Exclude Tax Matters

December 28, 2015 850 Views 0 comment Print

Henceforth, Department of Economic Affairs (DEA) will lead all negotiations on standalone BITs and investment chapters of CECAs/CEPAs/FTAs, along with representatives from the Ministries/Departments concerned, to ensure convergence between trade and investment issues.

Transfer Pricing: Revenue can’t adjust operating costs in allowing capacity adjustment

December 28, 2015 2851 Views 0 comment Print

In the case of DCIT Vs. Claas India Pvt. Ltd. Delhi Bench of ITAT have denied to approve the method adopted by AO/TPO in allowing capacity adjustments. ITAT further held that once the law enjoins for doing a particular thing in a particular manner alone

Wax used for producing cotton yarn should be treated as Raw Material – SC

December 28, 2015 3857 Views 0 comment Print

In the case of M/S. MERIDIAN INDUSTRIES LTD. V/s COMMISSIONER OF CENTRAL EXCISE, it was held that if a particular item participates in or is required for a manufacturing process, but does not form part of the end product and instead it is specifically or totally consumed during a manufacturing process, the same would be treated as ‘consumables’.

GST- A Revolution in Indirect Tax Law

December 28, 2015 3988 Views 0 comment Print

Good and Services Tax is the most logical steps towards the comprehensive indirect tax reform in India since independence. Goods and Services Tax is to be implemented shortly by the Government of India. GST is leviable on every transaction involving supply of goods and/or services as well combination thereof. However, there is still no clarity […]

Foreign exchange gain/loss arising out of revenue transactions is required to be considered as an item of operating revenue/cost

December 27, 2015 8736 Views 0 comment Print

In the case of Ameriprise India Pvt. Ltd. Vs. ACIT Delhi Bench of ITAT held that the AO was not justified in considering forex loss as non-operating cost as against the assessee’s claim of operating cost. ITAT further held that the amount of foreign exchange gain/loss arising out of revenue transactions is required to be considered as an item of operating revenue/cost

Assessment of a dissolved company is illegal

December 27, 2015 3749 Views 0 comment Print

In the case of Advance India Projects Ltd. Vs. ACIT Delhi bench of ITAT have held that assessment upon a dissolved company is impermissible as there is no provision in Income-tax Act, 1961 to make an assessment thereupon.

Disallowance cannot be made of expenditure not claimed as deduction in profit & loss account

December 26, 2015 3227 Views 0 comment Print

ITAT Delhi held In the case of Sunaina Tower Pvt. Ltd. vs. ACIT that the material issue is that the said expenditure was never claimed as business expenditure, the occasion to make a disallowance of the same does not arise.

CIT (A) cannot initiate & levy penalty u/s 271(1) (c) by penalty order under his adjudication

December 26, 2015 9168 Views 0 comment Print

ITAT Pune held In the case of Shri Ajit Ramchandra Jadhav. vs. ACIT that the order initiating the penalty proceedings has to be a different order and has to be passed by the person, who has made the addition / assessment in the hands of the assessee.

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