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Reopening based on retrospective amendment after 4 years not permissible in absence of failure in disclosure of material facts by assessee

November 24, 2015 1237 Views 0 comment Print

ITAT Mumbai held In the case of M/s. Golden Tobacco Limited (Formerly GTC Industries Limited) vs. The JCIT that the law does not give powers to the AO to reopen an assessment carried out u/s 143(3) after the expiry of four years unless the AO is able to demonstrate that there was failure on the part of the assessee in disclosure of material facts.

Only companies are eligible for deduction u/s 80IA(4)

November 24, 2015 5976 Views 0 comment Print

ITAT Chennai held In the case of The ACIT vs. Shri. B. Dhanasekaran that the enterprises carrying on development of the infrastructure facilities should be owned by a company or consortium of companies.

Interest income on NPA need not to be accrued in books of account in case of Bank and NBFCs

November 24, 2015 3257 Views 0 comment Print

ITAT Ahmedabad held In the case of West Bengal Infrastructure Development Finance Corporation vs. ACIT that in the case of CIT vs Vasisth Chayt Vyapar Ltd. 330 ITR 440 (Delhi) , it was held that the real income theory was still relevant and recognition of income in terms of Prudential Norms of RBI did not deviate from the mercantile system of account u/s 145 of the Income Tax Act.

Shares held by trust for issuance to employees as ESOPs is not in nature of stock in trade, any resultant gain will be taxed as capital gains

November 24, 2015 16708 Views 0 comment Print

ITAT Mumbai held In the case of Mahindra & Mahindra Employees Stock Option Trust vs. ADCIT that the attributes available in the transaction of the assesee trust are unlike that of a trader and are more like that of an investor.

Land eligible for wealth tax exemption even on conversion as non-agricultural if used for agricultural purposes

November 24, 2015 1011 Views 0 comment Print

ITAT Bangalore held In the case of M.R Pattabhiram (HUF) vs. The Asst. Commissioner of Wealth tax that mere conversion of land from agriculture to non-agriculture could not be taken as the sole criteria to hold it as a capital asset under section 2(14) of the Income tax act.

Share of income received by University out of consultancy income earned by professors not entitled for exemption u/s 11

November 24, 2015 1854 Views 0 comment Print

ITAT Mumbai held In the case of The ACIT vs. Institute of Chemical Technology University of Mumbai that the consultancy work done by the assessee – University through its professors, in which part income is held by university and the rest lying with respective professors, is not in any way relatable to the aims and object for which the assessee was established.

Custom duty exemption to EOUs on raw materials/parts consumed in manufacture of certain ships/vessels and cleared to DTA

November 24, 2015 1087 Views 0 comment Print

NOTIFICATION No. 55/2015-Customs Seeks to further amend notification No. 52/2003-Customs dated 31-03-2003 so as to enable EOUs to become eligible for duty exemption on raw materials/parts consumed in manufacture of certain specified ships/vessels and cleared to DTA, even if such ships/vessels are exempt from basic customs duty and central excise/CV duty

Custom duty exemption on raw material and parts for use in manufacture of certain specified ships/vessels

November 24, 2015 1573 Views 0 comment Print

NOTIFICATION No. 54/2015-Customs Seeks to further amend notification No. 12/2012-Customs dated 17.3.2012 so as to provide exemption from custom duties on all raw material and parts for use in manufacture of certain specified ships/vessels subject to actual user condition and also removing the requirement of manufacturing of ships/vessels in a custom bonded warehouse under the provisions of Section 65 of the Customs Act, 1962 for availing duty benefits

Sovereign Gold Bonds, 2015-16 issue date shifted to November 30, 2015

November 24, 2015 1001 Views 0 comment Print

It has been decided to shift the issue date of the Sovereign Gold Bond from November 26, 2015 to November 30, 2015. In this regard, please refer to the Operational Guidelines issued vide circular IDMD.CDD.No. 968/14.04.050/2015-16 dated November 4, 2015, wherein it was stated that applicants will be paid interest at prevailing savings bank rate from the date of realization of payment to the settlement date i.e. period for which they are out of funds. As the settlement date has now been shifted to November 30, 2015

ICSI Request for filing MGT-7 without additional fees till 31-12-2015

November 24, 2015 509 Views 0 comment Print

Sir, it is humbly submitted that filing of these forms i.e. MGT -7, AOC-4; AOC-4 CFS and AOC 4 (XBRL) be permitted till December 31, 2015, without additional fee, considering the practical difficulties, being faced by the stakeholders.

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