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Targets: Do We Need Them?

August 4, 2015 1566 Views 0 comment Print

Life is meaningful when it has a purpose. Any Life becomes useful after satisfying the need of self or others. Human life is precious because of the superior power of reasoning. Constructive application of this power benefits all the inhabitants of the Earth while its negative use spells doom for everybody, including the self.

Reg. requirement of registration of Ship Repair Unit with Director General of Shipping

August 4, 2015 1175 Views 0 comment Print

In notification No. 12/2012-Customs, dated the 17th March, 2012, in the Table, against S. No. 459, for the entry in column (3), the entry ‘Capital goods and spares thereof, raw materials, parts, material handling equipment and consumables, for repairs of ocean-going vessels by a ship repair unit’ shall be substituted.

Excise Duty on Freight & Insurance Charges When Recovered Separately

August 4, 2015 32649 Views 10 comments Print

Manas Joshi Central Excise Duty is one of the oldest tax in India having history of more than 70 years, but still we are finding it difficult to answer many questions. In this article, I am trying to discuss one of the fundamental questions regarding chargeability of central excise duty on outward freight and insurance […]

Penalty not invokable if barred by limitation or there is absence of mala fide intention

August 4, 2015 646 Views 0 comment Print

The ld. Counsel for the assessee for the year AY 2007-08 regarding the imposition of penalty contended that the Assessee were not aware of the provisions of Law in which the receipt of loan through cheque or bank draft was required.

Section 263 could be invoked if proper investigation not made

August 4, 2015 371 Views 0 comment Print

ITAT Mumbai has in the case of M/s Shoreline Hotels Pvt. Ltd. v CIT held that CIT was justified in invocation of Section 263 when AO has not made any inquiry with regard to the expenses claimed in respect of accommodation bill obtained by assessee that reduced profit of assessee by 100% instead of 15% considered by AO.

Addition based on mere loose papers not justified

August 4, 2015 1486 Views 0 comment Print

The Hon’ble Tribunal observed that the basis for making the addition of Rs. 19.98 crores is the loose paper which doesn’t make any sense. Merely by making additions of all the figures mentioned in the loose paper would not justify the addition of Rs. 19.98 crores.

Section 68 can’t be invoked if Transactions made are through proper Banking Channel & Assessee proves Identity & Genuineness

August 4, 2015 1486 Views 0 comment Print

In the present case there were the three issues which were decided by the Hon’ble Tribunal where it was held that whenever the transactions have been made through proper banking channel, then invocation of section 68 will not be valid.

Interest free loans extended as quasi capital to 100% subsidiary cannot have nil ALP

August 3, 2015 2179 Views 0 comment Print

In this case ITAT examined that whether Arm’s Length Price (ALP) adjustments will also be warranted in case of interest free loans extended as quasi capital and what are the connotations of expression ‘quasi capital’ in the context of the transfer pricing legislation.

Expected business profit on entering into development agreement in respect of land held as stock-in-trade cannot be taxed as capital gain

August 3, 2015 1043 Views 0 comment Print

Dheeraj Amin Vs. ACIT (ITAT Banglore),- In this case ITAT examined the issue that where an assessee entered into an land development agreement by holding land as stock-in-trade, the expected business profits arose as a result of agreement can be taxed as income from capital gain.

Continuance of Assessment Proceeding Under Central Excises and Salt Act, 1944 on Death of Assessee

August 3, 2015 522 Views 0 comment Print

Whether An Assessment Proceeding Under The Central Excises and Salt Act, 1944, Can Continue Against The Legal Representatives/Estate Of A Sole Proprietor/Manufacturer After His/ Her Demise, Where There Is No Provision In This Respect In The Tax Statute?

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