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Non-compliance with listing obligations and SOP for suspension and revocation of trading of specified securities

November 30, 2015 3840 Views 0 comment Print

Circular No. CIR/CFD/CMD/12/2015 Accordingly, recognized stock exchanges shall use imposition of fines as action of first resort in case of such non compliances and invoke suspension of trading in case of subsequent and consecutive defaults. Accordingly, in order to maintain consistency and uniformity of approach the recognized stock exchanges shall follow the following procedure:

No attachment of bank accounts without following proper procedures

November 30, 2015 33118 Views 0 comment Print

In the case of M/s Kunj Power Project Pvt. Ltd. v/s Union Of India, it was held that the attachment of property and bank accounts can only be done by the revenue authorities after giving proper notice to the assessee and reasonable opportunity of being heard. The attachments needs to be only after following the prescribed procedures provided in the rules.

Suggestions on Proposed New CARO for FY 2015-2016

November 29, 2015 1700 Views 0 comment Print

Subject:          Suggestions on the Proposed New CARO for FY 2015-2016 Dear Members The Ministry of Corporate Affairs recently constituted a Committee to formulate the Companies (Auditor’s Report) Order (CARO) to be issued under section 143(11) of the Companies Act, 2013.  This aforesaid Order is proposed to be made applicable for audit reports on the financial […]

ICAI Reply on not allowing CAs to practice Law in India

November 29, 2015 20213 Views 49 comments Print

Recently, it has come to our knowledge that a proposal not allowing Chartered Accountants/ Non- Advocates for practice of law in the course of proceedings before revenue authorities falling in your jurisdiction is under consideration.

Gain on Sale of Shares cannot be treated as business income for Mere Sale of Share in Short Span of time

November 28, 2015 4234 Views 0 comment Print

Hema Hiren Dand vs. JCIT (ITAT Mumbai) Merely because the assessee liquidates its investment within a short span of time, which had given better overall earning to the assessee, would not lead to the conclusion that the assessee had no intention to keep on the funds as investor in equity shares

Reassessment proceeding based on ED information without correlating with returns filed is invalid

November 28, 2015 1204 Views 0 comment Print

CIT Vs. M/s. Indo Arab Air Services (Delhi High Court) Assessee had escaped assessment for the AY in question. While the AO has referred to the fact that the ED gave information regarding cash deposits being found in the books of the Assessee

SC on Allowability of Interest expenses when Interest Free Loan been given to Sister Concern & Director

November 28, 2015 3562 Views 0 comment Print

Loan given to the Directors was not from the borrowed funds. Therefore, interest liability of the assessee towards the Bank on the borrowing which was taken by the assessee had no bearings because otherwise, the assessee had sufficient funds of its own which the assessee could have advanced

Section 143(1) intimation is not an assessment and no question of change of opinion

November 28, 2015 8884 Views 3 comments Print

DCIT vs. Zuari Estate Development & Investment Co Ltd (Supreme Court) After going through the detailed order passed by the High Court, we find that the main issue which is involved in this case is not at all addressed by the High Court.

Open Letter to Committee set up by CBDT to simplify Income Tax Law to Resolve the issue

November 28, 2015 2275 Views 0 comment Print

The Jurisdictional Commissioners of Income Tax are unable to understand specific applicability of Rule 55 of Income Tax Rules, 1962 in connection/relation with each & every Clause of Subsection (2) of Section 288 of the Income Tax Act, 1961,and are blindly rejecting the applications of aspirants opting to become & be Registered Income Tax Practitioners, under a pretext that though the applicant possess the educational qualifications specified u/s 288(2)(v)/(vi), the applicant has not practiced before the Income Tax Authorities for not less than one year on the date of application

Disallowance u/s 69C not sustainable where all purchases recorded in books of account accepted by AO

November 28, 2015 2249 Views 0 comment Print

ITAT Delhi held In the case of ACIT vs. M/s Command Detective & Securities Pvt. Ltd. that when all the purchases are accounted in the regular books of accounts, it means the source is explained and the provisions of section 69C are not applicable, as there was no unaccounted expenditure.

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