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Surplus shown in books of accounts in normal course cannot be treated as undisclosed income: HC

November 1, 2015 621 Views 0 comment Print

Delhi High Court held In the case of DIT (Exemption) vs. All India Personality Enhancement & Cultural Centre for Scholars Society that he expression ‘undisclosed income’ would connote assets or income, which the Assessee believes to be taxable

All about Bharat Bill Payment System (BBPS) with FAQs

November 1, 2015 3813 Views 0 comment Print

In this article we have discussed 19 Frequently asked question on  Bharat Bill Payment System(BBPS) which is an integrated bill payment system in India offering interoperable and accessible bill payment service to customers through a network of agents, enabling multiple payment modes, and providing instant confirmation of payment.

ICAI President's Message – November 2015

November 1, 2015 977 Views 0 comment Print

ICAI Prompt to Act on Disciplinary Matters- I wish to inform the members’ fraternity that in February 2015, there were 129 cases before the Disciplinary Committee. Till date, 93 cases have been fixed for hearing and 41 cases have been heard and concluded and remaining 52 cases are at different stages of disciplinary proceedings. Similarly, out of the 28 cases before the Board of Discipline for hearing, 26 cases have been fixed for hearing, 17 have been heard and concluded and remaining 9 cases are at different stages of disciplinary proceedings.

Finding of photocopies with searched person does not mean they belong to person holding originals

November 1, 2015 1996 Views 0 comment Print

Pepsico India Holdings Private Ltd vs. ACIT (Delhi High Court)-Possession of documents and possession of photocopies of documents are two separate things. While the Jai puria Group may be the owner of the photocopies of the documents it is quite possible that the originals may be owned by some other person.

Tribunal Power to grant stay is confined only to appellate order

October 31, 2015 1976 Views 0 comment Print

The Hon’ble (P&H) High Court in the case of Pr.C.I.T. vs ITAT Delhi Bench, New Delhi and anothers while dealing with the scope of power of Tribunal for grant of stay against the prosecution proceedings held that once

Service Tax on Education Sector

October 31, 2015 8840 Views 0 comment Print

Education sector is one of the most important sectors in our country. Service tax has become an important source of revenue collection for Indian Government. Since all the services are taxable w.e.f. 01.07.2012 except services covered under Negative List

Liability to pay interest on issue of supplementary invoice owing price variation

October 31, 2015 5367 Views 1 comment Print

The respondent was engaged in manufacture of cables and it entered into a contract with customer for supply of such cables & incorporated price variation clause in the agreement entered between them. The respondent paid duty provisionally at the time of removal of goods from the factory

Reopening of assessment not permissible where charges on Assessee are not specific: HC

October 31, 2015 1348 Views 0 comment Print

Delhi High Court held In the case of Oracle Systems Corporation vs. ADIT that it is clear that when a regular assessment is completed in terms of Section 143(3), a presumption can be raised that such an order has been passed upon a proper application of mind.

Conclusions based on suspicion cannot take the place of proof : SC

October 31, 2015 2394 Views 0 comment Print

Umacharan Shaw & Bros v. CIT: (1959) 37 ITR 271 (SC)- there was no material on which the Income-tax Officer could come to the conclusion that the firm was not genuine and further observed that the conclusion is the result of suspicion which cannot take the place of proof in these matters.

Gift from abroad cannot be taxed on mere suspicion: HC

October 31, 2015 1463 Views 0 comment Print

In our opinion, the Tribunal had, on merits, come to the conclusion that the gifts were genuine. This is a pure question of fact. The Tribunal has examined the evidence which was available on the record and has arrived at the aforesaid finding.

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