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No TDS liability u/s 194J on roaming charges

November 18, 2015 2650 Views 0 comment Print

ITAT Bangalore held In the case of M/s. Idea Cellular Ltd. vs. ACIT that there is no human intervention involved in providing roaming services, therefore, roaming charges paid by the assessee do not amount to fee for technical services u/s 194J.

Mere wrong claim of deduction did not give rise to penalty u/s 271(1)(C)

November 18, 2015 2330 Views 0 comment Print

ITAT held in Pooja Industries Vs ITO that penalty u/s 271(1)(c) could not be levied only because that the assessee had wrongly claimed deduction u/s 80IC @ 100% instead of deduction u/s 80IB. Penalty could only be levied only

Loss to banks on security classification from one to another category as per RBI directions is allowable expenditure

November 18, 2015 623 Views 0 comment Print

ITAT Delhi held In the case of Oriental Bank of Commerce vs. ACIT that any loss arising to banks on account of classification of securities form one category to another category in compliance with RBI directions is an allowable expense.

Adjustment of seized cash before completion of assessment permitted against self assessment/ advance tax subject to specific request made by assessee

November 18, 2015 1783 Views 0 comment Print

ITAT Pune held In the case of ACIT vs. RDS Construction Pvt. Ltd. that on the matter of adjustment of seized cash with the self assessment tax, we find no infirmity in the order of the CIT(A) since the assessee vide letter dated 30-03-2010

Assessee can claim deduction u/s 10A for remaining years although he availed deduction u/s 80HHE in past

November 18, 2015 1372 Views 0 comment Print

ITAT Mumbai held In the case of DCIT vs. M/s. Tata Consultancy Services that section 80HHC does not place any restriction to shift the claim of deduction or exemption under any other provision in respect of profits for which no deduction has been claimed and allowed in the previous year.

Assessee can rebut the statement made u/s 132(4) during search on the ground that it was under pressure & mistaken belief – ITAT

November 18, 2015 2699 Views 0 comment Print

ITAT Mumbai held In the case of M/s Tribhovandas Bhimji Zaveri (Delhi) Pvt. Ltd. vs. ACIT that a careful perusal of provisions of sec. 132(4) as well sec. 292C would show that the said provisions state that the statement taken u/s 132(4) “may be used in evidence in any proceeding under the Act”.

If percentage of Commission earned from AE transactions is higher than AE transactions no addition can be made

November 18, 2015 361 Views 0 comment Print

ITAT held in Sumitomo Corporation India Pvt. Ltd. Vs. DCIT that if the case of assessee was decided in the earlier assessment years and if the facts and circumstances were same as in the previous years ,then in the current year also same basis for assessment should be adopted.

Delhi VAT- Regarding status of forms downloaded by dealers

November 18, 2015 657 Views 0 comment Print

CIRCULAR NO. 30 OF 2015-16 The department had started issuing central statutory forms online without any manual intervention since the middle of year 2012. Central statutory forms/declarations are mainly required by the dealers for making inter-state purchases at concessional rate or for inward stock transfer. The details of such inward supplies are recorded by dealers in Annexure 2A filed along with return. The system is functioning smoothly as all facilities have been provided on the portal for downloading the forms according to the need of the buyers.

Notification No. 54/2015-Customs (ADD) Dated- 18th November, 2015

November 18, 2015 3720 Views 0 comment Print

Notification No. 54/2015-Customs (ADD) Whereas, the designated authority, vide notification No. 15/8/2014-DGAD, dated the 15th July, 2014, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of Carbon Black used in rubber applications (hereinafter referred to as the subject goods) falling under Chapter 28 of the First Schedule to the Customs Tariff Act, 1975

CBEC Notifies Shahebganj and Haldibari in Cooch Behar as Land Customs Stations

November 18, 2015 717 Views 0 comment Print

Notification No. 111/2015-Customs (N.T) S.O. 3112(E). In exercise of the powers conferred by clauses (b) and (c) of sub section (1) of section 7 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby appoints the places in column (2) of the TABLE below as Land Customs Stations for the purpose of clearance of baggage of Indian enclave dwellers coming from Bangladesh to India through the routes specified in column (3) of the TABLE below, namely:-

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