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Binding Nature of Board Circulars-Confusion Settled or Created?

December 8, 2015 10476 Views 0 comment Print

The binding nature of the Circulars issued by Board is the issue that has been a matter of litigation since inception. There have been a number of decisions on this matter, that too, of Supreme Courts which have added fuel to the fire of litigation. There has been a constant fight between assessees and revenue department regarding the applicability and precedential value of the circulars issued by the Board.

Process and Checklist For Secretarial Audit

December 8, 2015 122214 Views 1 comment Print

Secretarial Audit a Governance measure that will have a positive effect on corporate entity. It is Compliance Audit system that used to carrying out auditing of compliances along with all Rules and Regulation made there under. It is a process to check compliances made by the Company under various Law, Rules, Regulation, and Procedure.

Intimation u/s 143(1) is not an assessment, AO authorized to make reassessment u/s 147 subsequently: SC

December 8, 2015 9711 Views 0 comment Print

Supreme Court held In the case of ACIT vs. Rajesh Jhaveri Stock Brokers Pvt. Ltd. that Section 147 authorises and permits the Assessing Officer to assess or reassess income chargeable to tax if he has reason to believe that income for any assessment year has escaped assessment.

Section 174 of Companies Act 2013- Quorum For Board Meeting

December 8, 2015 33036 Views 5 comments Print

Quorum here means the minimum number of directors to be present at the board meeting in order to hold the board meeting. The provisions related to the minimum no. of directors i.e. quorum is provided u/s 174 of the companies Act 2013.

Authorising Commissioner to defend UoI and others in matters of indirect taxation before High Court

December 8, 2015 11962 Views 0 comment Print

F.No. 275/65/2013-CX.8A I am directed to say that as per para 4.8 of the Standard Operating Procedure (SOP) on ‘Litigation in Appellate Forums’ issued in October, 2013, all the cases pertaining to indirect taxes before the High Court, wherein Uol, MoF, Secretary (Revenue), Chairperson CBEC or any of these figure as respondents, are defended by the Commissioner concerned on being duly authorised by the Legal Cell of CBEC.

Addition cannot be justified u/s 68 merely because creditors were not produced before AO

December 8, 2015 3885 Views 0 comment Print

The Assessee was engaged in the manufacturing of readymade garments and export to foreign countries. The Assessee had filed the Income Tax Return, declaring an income of Rs. 11,82,236/- which was processed u/s 143(1) of the Income Tax Act, 1961

Declaration of intent under Merchandise Exports from India Scheme (MEIS) -reg.

December 8, 2015 1299 Views 0 comment Print

Subsequently representations have been received from exporters and trade & industry that such procedure should also be made applicable to exports made beyond 05.2015.

Interest Equalisation Scheme on Pre and Post Shipment Rupee Export Credit w.e.f. 1st April, 2015

December 8, 2015 1312 Views 0 comment Print

It is brought to the notice of Trade and Industry that the Interest Equalisation Scheme for Pre and Post Shipment Rupee Export Credit has been announced by the Government of India and notified vide RBI Circular No. DBR/Dir/BC. No. 62/04 02.001/2015-16 dated December 4 2015. The scheme is applicable w.e.f. 1st April, 2015. Details of the scheme are available on the website of RBI www.rbi.org.in.

GST Draft Law – 10 Things you must know

December 8, 2015 5181 Views 0 comment Print

Yesterday, few of the private tax web portals published the copy of the draft GST law. Though the authenticity of the same is yet to be vetted by the Government officials, meanwhile, in the following paras the author has tried to decipher the proposed GST law.

GST: All about Fundamentals of Revenue Neutral Rate

December 8, 2015 23390 Views 0 comment Print

If anything has been associated from the starting with Implementation of Goods and Services Tax in India, it has been Revenue Neutral Rate in GST and its Impact. Till today also, if we have to name the biggest hurdle in the implementation of GST in India, it’s the consensus over the Revenue Neutral Rate.

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