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AO not permitted to make additions in respect of already concluded assessments, where no adverse materials found during search

October 24, 2015 4348 Views 0 comment Print

Mumbai ITAT held In the case of Shri Uday C Tamhankar that the submission of assessee that the assessment years up to 2006-07 falls in the category of concluded assessments, i.e., assessments of those years were not pending on the date of initiation of search is a valid submission.

No Penalty u/s 271(1)(c) on debatable issues, estimations, change in accounting method / income Head & preponment of taxable income

October 24, 2015 4530 Views 0 comment Print

Mumbai ITAT held In the case of M/s Parinee Developers Pvt. Ltd. vs. ACIT that the concealment penalty levied by the CIT (A) in this case is on the issues which are not free from debate. In our opinion, the assessee would have got relief in most of issues relating to additions based on the estimations

Gross receipts will not include service tax while calculating presumptive income u/s 44BB

October 24, 2015 6172 Views 0 comment Print

Delhi High Court held In the case of Director of Income Tax & Principal CIT vs. Mitchell Drilling International Pvt. Ltd. that the service tax is not an amount paid or payable, or received or deemed to be received by the Assessee for the services rendered by it.

A Brief on Section 8 Company Under Companies Act, 2013

October 23, 2015 42654 Views 4 comments Print

This section corresponds to Section 25 of the Companies Act, 1956 and empowers the central Government to register an association as limited company having charitable objects to promote commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment etc., without adding to its name the words ‘Limited’ ‘Private Limited’.

Wake up call. Even LLPs under an obligation to file FLA returns henceforth!

October 23, 2015 11710 Views 0 comment Print

FLA is the Annual return on Foreign Assets and Liabilities. As per the latest circular issued by the RBI Circular No. A. P. (DIR Series) Circular No. 22 Dated- 21.10.2015 even LLPs  have to file FLA returns with the RBI. The concept and the filing procedure remains the same, here is a bird’s eye view […]

KVAT- Burden of Proof To avail ITC should be both on seller and buyer

October 23, 2015 2827 Views 0 comment Print

The Dealer has faced two very important and painful things under the present system of vat is namely 1.Hurdles in claiming of Input tax credit under the guise of partial rebate/time limit etc., 2.Burden of proof

ICAI declares Final List of Candidates for December 2015 election

October 23, 2015 2120 Views 0 comment Print

In accordance with the provisions of sub-rule (2) of rule 15 of the Chartered Accountants (Election to the Council) Rules, 2006 read with sub-regulation (10) of regulation 134 of the Chartered Accountants Regulations, 1988, a copy each of the Final Lists of Candidates for election to the Twenty Third Council and Twenty Second Regional Councils to be held in December, 2015

Arrest Limit for Service Tax or Excise offences increased to one Crore

October 23, 2015 3277 Views 0 comment Print

Circular No. 1010/17/2015-CX it has been decided to revise the limits for arrests in Central Excise and Service tax. Henceforth, arrest of a person in relation to offences specified under clause (a) to (d) of sub-section (1) of Section 9 of the Central Excise Act, 1944 or under clause (i) or (ii) of sub-section (1) of section 89 of the Finance Act, 1994, may be made in cases where the evasion of Central Excise duty or Service Tax or the misuse of Cenvat Credit is equal to or more than rupees one crore.

Revised Guidelines for Arrest & Bail for offences- Customs Act, 1962

October 23, 2015 8374 Views 0 comment Print

Circular No. 28/2015-Customs In a case related to importation of trade goods (i.e. appraising cases) involving wilful mis-declaration in description of goods/concealment of goods/goods covered under section 123 of Customs Act, 1962 with a view to import restricted or prohibited items and where the CIF value of the offending goods is Rs. 1,00,00,000/- (Rupees one crore) or more;

Guidelines for launching of prosecution under Customs Act,1962

October 23, 2015 24378 Views 0 comment Print

Circular No. 27/2015 Cases involving unauthorized importation in baggage / cases under Transfer of Residence Rules, where the CIF value of the goods involved is Rs. 20,00,000/-(Rupees twenty lakh) or more; In cases related to fraudulent availment of drawback or attempt to avail of drawback or any exemption from duty provided under the Customs Act 1962, if the amount of drawback or exemption from duty is Rs. 1,00, 00,000 (Rupees one crore) or more;

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