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Recording of satisfaction u/s 153C is mandatory even if searched person & assessee are under common jurisdiction

January 7, 2016 1736 Views 0 comment Print

Delhi High Court held In the case of Principle CIT vs. Nikki Drugs & Chemicals Pvt. Ltd. that the Allahabad High Court in the case of Commissioner of Income Tax v. Gopi Apartments: (2014) 365 ITR 411 (All.) has held that even in cases where the assessing officer of the person searched and the assessee who is sought to be assessed under Section 153C is the same

If business of comparable company & assessee remains unchanged from last year, the company can’t be held incomparable in current year

January 7, 2016 886 Views 0 comment Print

In the case of Eli Lilly & Co. (India) Pvt. Ltd. Vs. ACIT Delhi bench of ITAT have held that as there is no change in the facts for the instant assessment year, the AO/DRP is directed to include EDCIL (the company excluded by TPO) in the final set of comparable companies.

eNPS-Online Subscriber Registration and Contribution Facility under NPS developed

January 7, 2016 1567 Views 4 comments Print

While registering, a Subscriber will provide his/her name & Permanent Account Number (PAN) details which will be validated online with the Income Tax Department. Subscriber will then select the Bank (through which KYC verification to be done), fill up the personal details and upload photograph & signature.

Rate of exchange of conversion of foreign currency wef 8th January, 2016

January 7, 2016 1187 Views 0 comment Print

Notification No. 02/2016 – Customs (N.T.) Central Board of Excise & Customs hereby determines that the rate of exchange of conversion of each of the foreign currencies specified in column (2) of each of Schedule I and Schedule II annexed hereto, into Indian currency or vice versa, shall, with effect from 08th January, 2016

Transport Ministry can certify excise exemption on goods required for execution of highway projects

January 7, 2016 1077 Views 0 comment Print

A reference was received from Minister of Road Transport Highways and Shipping, Government of India. Ministry has in its letter inter alia stated that, I. It has undertaken projects with the loan assistance of World Bank under National Highways Interconnectivity Improvement Programme (NHIP). II. Central Excise duty for the goods required for the execution of works financed by International Funding Organisation like World bank is exempted under Notification No. I 08/95-Central Excise, dated 28.08.1995(amended from time to time).

Diagnostic Labs to deduct TDS on discount given to hospitals/laboratories U/s. 194H

January 7, 2016 16375 Views 2 comments Print

In the case of M/s DDRC SRL Diagnostic P Ltd. Vs. ITO Mumbai Bench of ITAT have held that If the hospitals/laboratories act as mere link between the assessee and patients, then the discount given by the assessee would definitely fall under the category of Commission liable for deduction u/s 194H of the Act.

If absence of exempt income disallowance u/s 14A not warranted

January 7, 2016 1430 Views 0 comment Print

In the case of M/s Chhaganlal Khimji & Co. Vs. ACIT Mumbai Bench of ITAT have held that that no disallowance can be made u/s.14A when there is no exempt income. ITAT relied upon the judgments of various courts in coming to the conclusion.

RBI: Setting up of IFSC Banking Units (IBUs) – Permissible activities

January 7, 2016 915 Views 0 comment Print

Please refer to our circular DBR.IBD.BC.14570/23.13.004/2014-15 dated April 01, 2015 setting out RBI directions relating to financial institutions set up in the International Financial Services Centres (IFSC). Based on the feedback and requests received from various stakeholders, certain provisions of the directions have been reviewed and are modified as follows:

Conditions for Non-Fund Based Facility to Non-constituent Borrowers of Bank

January 7, 2016 7806 Views 0 comment Print

Please refer to paragraph 2(iii) of our circular DBOD.Dir.BC.62/13.07.09/2002-03 dated January 24, 2003 on ‘Discounting/Rediscounting of Bills by banks’ advising banks not to extend any non-fund based facilities to non-constituents borrowers of the banks. The restriction was imposed to prevent frauds, diversion of funds etc. in case bank sanctions “one-off” transaction facilities without assessment of credit needs of the borrowers on well established credit norms.

Master Circular- Prudential Norms for Classification, Valuation and Operation of Investment Portfolio by FIs- Amendment

January 7, 2016 1434 Views 0 comment Print

If any credit facility availed of by the issuer is classified as NPA in the books of the FI, investment in any of the securities, including preference shares issued by the same issuer would also be treated as NPI and vice versa.

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