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Women can be Karta of HUF: Delhi High Court

December 22, 2015 11563 Views 0 comment Print

In a judgment that is expected to have far reaching ramifications, the Delhi High Court has ruled that a female member of a Hindu Undivided Family can also be the ‘karta’. Falling prey to the patriarchal system, this role of leadership has been traditionally inherited by men of the household.

Reopening u/s 147 based on mere office note of predecessor AO not permissible

December 22, 2015 3370 Views 0 comment Print

This was a case where the original assessment was completed under Section 143 (3). In other words there was a complete scrutiny of the accounts and all the affidavits of the donors furnished by the Assessee pursuant to the questionnaires issued to him by the AO. In the absence of any adverse

Interest under Income Tax- Calendar Month or 30 Day Month?

December 22, 2015 3935 Views 0 comment Print

CIT Vs. Arvind Mills Limited (Gujarat High Court)- Whether ITAT was right holding that the assessee was entitled to interest under Section 244A of the Act for both the months when the tax was paid and when the tax refundable was adjusted irrespective of the period between such events?

How is Forensic Audit different from Statutory Audit?

December 22, 2015 18342 Views 0 comment Print

Forensic audit is an examination and evaluation of a firm’s or individual’s financial information for use as evidence in court and also to determine whether fraud has actually occurred. Whereas statutory audit is an independent examination of financial statements of a firm, irrespective of its size and legal perspectives with a view to express an […]

Trade Discount on sales after considering commercial expediency & accrual method of accounting is allowable claim

December 21, 2015 813 Views 0 comment Print

In the case of ACIT Vs. Rukamani Iyer Mumbai Bench of ITAT held that the claim has to be judged in the light of commercial expediency. Relying upon the judgment of CIT v Associated Electrical Agencies {2004} 266 ITR 63 (Mad.)

Where assessee has dependent agent & fixed place of business in India he is deemed to be PE as per Article 5 (1) of Indo US tax treaty

December 21, 2015 1964 Views 0 comment Print

In the case of Travelport LP USA Vs. DDIT Delhi Bench of ITAT observed that assessee has a dependent agent in form of distributor in India and held that assessee has a business connection in India u/s 9(1) (i) of the act and its income is deemed to accrue or arise in India.

ICSI help desk for members in Service employed as CS or KMP

December 21, 2015 2648 Views 0 comment Print

It has come to the notice of the Institute that upon resignation of the members in employment either as Company Secretary or Key Managerial Personnel, the employer companies are not accepting resignation and not relieving such members from their duties.

Maharashtra VAT- Downloading of Digitally Signed Registration Certificate

December 21, 2015 40331 Views 0 comment Print

Trade Circular No. 19T of 2015 A dealer seeking registration under the Maharashtra Value added Tax Act, 2002 submits an online application for registration along with the required documents. The Registration Officer to whom such application gets allocated generates the TIN if the application is found to be correct and is supported with the appropriate documents.

Withdrawal of Circular cannot be retrospective: TDS not deductible on Commission paid to non-resident agent Outside India

December 21, 2015 3901 Views 0 comment Print

CIT Vs. Gujarat Reclaim & Rubber Products (Bombay High Court) (a) Whether on the facts and in the circumstance of the case and in law, the Tribunal was justified in holding that commission payments made to non­resident sales agents on which no tax was deducted is not disallowable u/s. 40(a)(i)?

Transfer Pricing adjustment cannot be made in respect of transactions with unrelated third parties

December 21, 2015 1745 Views 0 comment Print

CIT Vs. V/s. M/s. Thyssen Krupp Industries India Pvt. Ltd. (Bombay High Court) Whether on the facts and the circumstance of the case and law, the Tribunal was justified in law in restricting the Transfer Pricing (TP) adjustment only to the transaction between the Associated Enterprises (AEs.)?

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