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Official with unsavory past and dubious reputation not to be appointed as TRO

September 21, 2015 928 Views 0 comment Print

A senior ITO with seniority of not less than 03 years should be posted as TRO with a minimum tenure of two years, extendable to three years. Similar tenure should be given to officials in TRO’s office. Officers/Officials with unsavory past and dubious reputation should not be posted for recovery work.

Commitment by lawyer without express consent of client will not bind the client : SC

September 20, 2015 12893 Views 0 comment Print

Supreme Court held in Himalayan Cooperative Group Housing Society Vs Balwan Singh that the lawyers owe fiduciary duties to their clients, so they should act with the express consent of clients. Lawyers should not make any commitment without the consent of their clients and any commitment

Bonafide mistake in Disclosure of income under wrong head – No penalty u/s 271(1)( c)

September 20, 2015 7349 Views 0 comment Print

ITAT New Delhi held in Simran Singh Gambhir Vs DDIT International Taxation that if the assessee had disclosed the income by mistake under wrong head of income and that mistake was bonafide then the same could not be treated as an undisclosed income and penalty u/s 271(1)( C) could not be levied.

Wrongly disclosed income does not mean undisclosed income, penalty u/s 271(1)(c) cannot be levied.

September 20, 2015 1742 Views 0 comment Print

New Delhi court held in PR. CIT Vs Control and Switch gear Contractors Ltd that if the assessee had disclosed the income in its return of income though wrongly disclosed it did not mean that the assessee had tried to hide its income so that wrongly disclosed income could not be considered as an undisclosed income and penalty u/s 271(1)( C) could not be levied.

2nd proviso to sec 40(a)(ia) inserted in FA ,2012 have retrospective effect from 01-04-2005

September 20, 2015 2442 Views 0 comment Print

The High Court of New Delhi has held in case of CIT-1 Vs Ansal Landmark Township P Ltd that second proviso to sec 40(a)(ia) will have retrospective effect from 01-04-2005 which means that if the assessee had forgot to deduct the TDS on payment

Early Warning Signals & Red Flag Accounts

September 20, 2015 20370 Views 0 comment Print

Economic slowdown across the globe is a concern for world & India is no more an exception. Economic slowdown is hitting the Indian Banking System very hard. As we all are aware that Non-Performing Assets are one of the biggest challenges faced by the Indian Banking System over the ages and numbers goes on increasing from year to year.

Post Incorporation Compliances for Private Companies

September 20, 2015 10845 Views 0 comment Print

Keep Safe Custody of Certificate of Incorporation. ♥ Maintain copies of Incorporation Documents  [Section 7(4)] The company shall maintain and preserve at its registered office copies of all documents and information as originally filed on incorporation till the dissolution of the Company. ♥ No. of Board Meeting [Section 173 and SS-1]

No penalty where issue involved is predominantly and legally interpretative in nature: HC

September 19, 2015 3153 Views 0 comment Print

In the case of Commissioner of Service Tax Vs. Vijay Television (P) Ltd., it was held by Madras High Court that the decision of the Tribunal is correct in setting aside the demand of service tax for the period beyond the normal period of limitation prescribed under Section 73 of the Finance Act

Compensation received towards damage to the land is capital receipt

September 19, 2015 6488 Views 2 comments Print

The assessee has an agricultural land. During A.Y. 2010-11, M/s Indian Oil Coproration Ltd, had laid down the underground pipe-line. The Land of the assessee was in the way of pipe line to be laid down. For digging of land and laying the pipe-line, the Indian Oil Corporation Ltd.

Where all critical functions & risk is assumed by AEs, it is not permitted to re-characterize the facilitation service provided as trading activity

September 19, 2015 1033 Views 0 comment Print

The two appeals filed against the order passed by the Deputy CIT were identical in facts and the issues rose. The core issue involved was the addition made by the AO on account of Arm’s length price determined by Transfer Pricing Officer and confirmed by Dispute Resolution Panel.

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