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Section 263- Revision Order- AO cannot examine the aspect which CIT has not asked him to examine

December 21, 2015 605 Views 0 comment Print

Abani Kumar Dutta Vs. ACIT (ITAT Kolkata) Argument of Ld. Counsel for the assessee that the CIT in his revision order u/s 263 of the Act only directed the AO to examine the applicability of sec. 194G read with section 40(a)(ia) of the Act and not genuineness of the expenditure.

Assessment U/s. 147 not valid when time for scrutiny assessment U/s. 143(3) not lapsed

December 21, 2015 1298 Views 0 comment Print

Krypton Industries Ltd. V/s. DCIT (ITAT Kolkata)- Whether the action of AO for framing the assessment under section 147 is within his jurisdiction though the time for scrutiny assessment under section 143(3) has not lapsed.

Pre-Meditated/ Self Inflicted Loss by giving loan to related concern at concessional Rate not allowable

December 21, 2015 601 Views 0 comment Print

Deepak Nagji Vira Vs. ITO (ITAT Mumbai) The monies are borrowed, incurring brokerage charges for the purpose, only for lending the same to a company at a predefined, agreed rate of interest, i.e., 12% p.a. That is, the assessee

Section 263 – Revision merely on DCIT suggestion & without independent judgment, not valid in law

December 21, 2015 1142 Views 0 comment Print

ITAT Pune held In the case of Span Overseas Ltd. vs. CIT that from the show cause notice, it is clear that the CIT has invoked the provisions of section 263 on the proposal submitted by the DCIT and deficiencies in the assessment order pointed out by the DCIT.

Reopening by simply treating loan entry as income which has escaped from assessment is not appropriate

December 21, 2015 778 Views 0 comment Print

Mangi Lal Sethia Vs ITO (ITAT Kolkata) In this present case, we find no live link between the reason to believe and reopening of case u/s 147 of the Act. It was a loan entry in the books of the assessee and the same was also settled within the same year.

India enters DTAA with Macedonia

December 21, 2015 916 Views 0 comment Print

Notification No. 94/2015 – Income Tax Whereas, an Agreement was entered into between the Government of the Republic of India and the Government of the Republic of Macedonia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income that was signed at Delhi on the 17th December, 2013 as set out in the Annexure to this notification (hereinafter referred to as the said Agreement):

13 Reasons why Service Tax Returns Get Rejected after filing

December 21, 2015 11750 Views 0 comment Print

Some Service Tax returns gets rejected after uploading of the XML file for the ST3 return, mainly due to the following reasons:- 1.  Incorrect selection of return type – whether it is ?Original? or ?Revised? return. 2.  When the Financial Year and the Period of Return are different in the XML file and in the […]

What is forensic audit?

December 21, 2015 10551 Views 2 comments Print

Forensic Audit can be termed as an examination and evaluation of a firm’s or individual’s financial information for use as evidence in court. A forensic audit can be conducted in order to prosecute a party for fraud, embezzlement or other financial claims. The objective of forensic audit is to relate the findings of audit by gathering legally […]

EPFO introduces Online PF nomination form and to levy penal damages for delayed compliance

December 20, 2015 1913 Views 0 comment Print

While reviewing the progress of EPFO on all fronts for the month of November, 2015, Shri K.K. Jalan, CPFC noted that by November end, the organization has settled more than 76 lakh claims in the current fiscal out of which more than 40% were settled within 3 days.

Consultation paper for guidelines for public issue of units of Infrastructure Investment Trusts

December 20, 2015 348 Views 0 comment Print

SEBI InvIT Regulations were notified on 26th September, 2014, thereby providing a regulatory framework for registration and regulation of InvITs in India. The Regulations, inter alia, provide that ‘The Board may specify by issue of guidelines or circulars any other requirements, as it deems fit, pertaining to issue and allotment of units by an InvIT, whether by way of public issue or private placement.

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