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SS-1- A challenge for closely held companies

September 9, 2015 5928 Views 0 comment Print

The SS-1, Secretarial Standard on meetings of the board of directors being effective from 01st July, 2015, were voluntarily adopted by big corporate as a good secretarial practices. But now SS-1 after coming into force made a big challenge for the private companies and unlisted public companies in the practice of preparation of notice of the board/committee meetings and its minutes thereon, along with attendance register and other records.

PUBLIC NOTICE NO. 34/2015-20 (RE-2015), Dated: September 09, 2015

September 9, 2015 1384 Views 0 comment Print

It operationalises the arrangements under the addendum dated 15.5.2012 added to the Memorandum of Understanding (MOU) dated 23/10/2010 between India and Bangladesh through Border Haats at (i) Srinagar, Tripura – between Purbo Madhyagram (India) and Chhoighoria (Bangladesh); and (ii) between Kamalasagar, Tripura (India) and Tarapur Kasba (Bangladesh).

Financial Statement Consolidation, Where a Company have only Associate or Joint Venture but No Subsidiary

September 9, 2015 130515 Views 12 comments Print

Definition of Subsidiary has been changed under Companies Act 2013 only for the Purpose of Compliance with Section 129(3) which requires a company to prepare and Present consolidated financial statement.

Gain on transfer of capital assets to wholly own subsidiary is not INCOME at all in Income Tax Act. Hence, even MAT is not applicable

September 8, 2015 7747 Views 0 comment Print

In the case of Venture Pvt.Ltd vs. DCIT, ITAT Mumbai has held that (1) the Net profit shown in the Profit and loss account should be adjusted with the items given in Notes to accounts, meaning thereby,

Necessary Documents should be filed to prove bonafide intention when money received from overseas

September 8, 2015 738 Views 0 comment Print

ITAT Kolkata held In the case of Sri Som Dutt v ACIT that whenever, the money has been received from overseas, then the onus is on the Assessee to prove that all the transactions are bonafide when he is claiming that the amount has been received as Capital Receipt.

Substantial expansion possible only on existing units-Assessee eligible for 25% Deduction U/s. 80IC not 100%

September 8, 2015 1359 Views 0 comment Print

ITAT Chandigarh held In the case of M/s Shree Dhanwantri Herbals vs. The ITO that the careful reading of the form 10CCB, in a serial order would clearly show that the assessee is required to inform the location of the Industry and column (c) specifically ask the assessee to state whether business is a new business

FEMA provisions of Finance Act, 2015 effective from 09.09.2015

September 8, 2015 2888 Views 0 comment Print

S.O. 2454(E).—In exercise of the powers conferred by clause [A] of section 138 of the Finance Act, 2015 (20 of 2015), the Central Government hereby appoints the 9th day of September, 2015 as the date on which the provisions of clause [13] of the said section, sections 140,141, 142 and clause (ii) of section 143 of the said Act shall come into force.

There Is Rate Change # Return Utility # No More Utility

September 8, 2015 3236 Views 0 comment Print

History of problems in return utility:- In 2012-2013, the return utility (July-Sept) had the facility of inserting an additional row and mentioning that differential rate of tax; thereby showing the additional tax to be paid in a particular month for a particular service.

Capital Gain in case Cost of Acquisition of Capital Asset is Indeterminable

September 8, 2015 29986 Views 3 comments Print

The Supreme Court in the case of CIT v. B. C. Srinivasa Setty, 128 ITR 294, held that no capital gains tax is payable by an assessee where it was not possible to compute the capital gains u/s.48 of the Act. It held that capital gains could not be computed in cases where the cost of acquisition could not be conceived at all.

TNVAT – Forklift – Rate of Tax

September 8, 2015 6321 Views 0 comment Print

CA V. Sundararajan A dealer is engaged in importing and selling fork lift. For selling of fork lift the dealer is collecting taxes @5% (Capital goods-commodity code no -2025). However the assessing officer is of the view that fork lift will fall under the category of motor vehicles-and are liable to tax @14.5% under the […]

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