Minimum government and maximum governance is surely a welcomed initiative. With an objective of achieving the ease of doing business in the country and to fast-tack the hindered projects, NDA government has launched various campaigns. ‘Start-up India’ and ‘Make in India’ have been the recent initiative. DIPP issued press note no. 12 dated 24th November, 2015 (shall come into effect immediately) thereby liberalising FDI in favour of 15 major sectors.
The introduction of GST would be significant step in the reform of Indirect Taxation in India. Amalgamating Several Central and State Taxes into single tax would mitigate cascading or double taxation, facilitating a common national market. The simplicity of tax should lead to easier administration and enforcement.
The entire IAS 39 Financial Instruments: Recognition and Measurement, on which AS 30 Financial Instruments: Recognition and Measurement was based, has been replaced by IFRS 9 Financial Instruments. Therefore, the Government of India opted to notify Ind AS 109 Financial Instruments in correspondence to IFRS 9 and not IAS 39. Also, AS 30, AS 31 and AS 32 on ‘Financial Instruments’ were earlier proposed to be made mandatory for Level I entities only.
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.
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.
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.
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.
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.
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.
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