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Procedure & Provisions for issue of ESOP by unlisted company

October 27, 2015 98313 Views 7 comments Print

1. Draft the ESOP scheme. 2. Convene the Board Meeting and pass the scheme. 3. Call the general meeting to approve the scheme by Shareholders. The following disclosure will be made in the explanatory statement annexed to the notice for passing of the resolution-

GST– Impact on Supply Chain Management

October 26, 2015 15972 Views 0 comment Print

India is all set to introduce a tax reform—the goods and services tax (GST). Apart from creating a unified market across India, GST will help make India’s manufacturing competitive by cutting high logistics and warehousing costs. A supply chain is the network of all the individuals, organizations, resources, activities and technology involved in the creation and sale of a product, from the delivery of source materials from the supplier to the manufacturer, through to its eventual delivery to the end user. The supply chain segment involved with getting the finished product from the manufacturer to the consumer is known as the distribution channel.

Section 147 can be invoked only if AO has reason to believe that taxable income has escaped assessment

October 26, 2015 2221 Views 0 comment Print

In case of Oriental Insurance Company vs. CIT, Delhi High Court held that AO could not assume jurisdiction to reopen assessment u/s 147, until his reasons of belief have a ‘direct nexus’ and a ‘live link’ with the opinion formed by him, that Taxable Income of Assessee has escaped assessment.

Sec.292BB- Service of Notice- Objection raised prior to completion of reassessment is valid

October 26, 2015 2428 Views 0 comment Print

In case of CIT Vs. Chetan Gupta, Delhi High Court held that where objection to effect, that notice for reassessment was not served on his last known address of assessee, was taken prior to completion of reassessment

In absence of incriminating material found during search, reference to DVO is invalid

October 26, 2015 1258 Views 0 comment Print

Delhi High Court in case of Commissioner Of Income Tax Vs. Anil Arora held that reference to DVO for valuation of a property itself was invalid ,when AO’s conclusion/reasoning was not based on any material discovered or seized during the search operations.

Amount received by a prospective employee as compensation for denial of employment is capital receipt

October 26, 2015 2467 Views 0 comment Print

Delhi High Court in case of CIT vs Pritam Das Narang held that Amount received by a prospective employee ‘as compensation for denial of employment,’ is a capital receipt . In case of assessee , where there was no commencement of employment

Explanation 1 to section 271(1)(c) not applies to ‘furnishing inaccurate particulars of income’

October 26, 2015 8809 Views 0 comment Print

ITAT New Delhi held In the case of Tristar Intech Pvt. Ltd. vs. ACIT that for levy of penalty u/s 271(1)(c) there should be concealment of income on the part of assessee. In the given case AO has initiated penalty proceeding u/s 271(1)(c)

Section 48- AO cannot replace Consideration agreed with Market Value in Calculation of Capital Gain

October 26, 2015 2288 Views 0 comment Print

ITAT New Delhi held In the case of Venus Financial Services Ltd. vs. ACIT that the Assessing Officer has no power to replace the value of the consideration agreed between the parties with any fair market value or estimation.

Penalty u/s 271 (1) (c) is not maintainable if charges are not specific– ITAT

October 26, 2015 1288 Views 0 comment Print

Mumbai ITAT held In the case of Shri Hafeez S Contractor vs. ACIT that penalty u/s 271(1) (c) cannot be imposed in those cases where no specific charges are mentioned in penalty notice. In the given case the AO has not specified that as to which limb the notice was issued

Indirect tax returns under Proposed GST regime – Key Takeaways

October 26, 2015 2088 Views 0 comment Print

· Common return for CGST, SGST, IGST, and Additional Tax. · Every registered dealer required to file the return even if turnover is NIL. · UN Agencies need to file the return only in the month of Purchases. · Govt. agencies, PSU, others etc exclusively dealing in NIL/Non GST Goods/Exempted goods or services would neither required to take registration and nor required to file the returns.

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