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Repayment of interest on loan by conversion does not amount to actual payment u/s 43B

June 16, 2015 2014 Views 0 comment Print

That debentures are securities within the meaning of the expression understood in Section 2 (ac) and (h) of the Securities Contract Regulation Act, 1956 and freely tradable. The moment the debentures were issued to ICICI, the latter could realize the money value thereof.

Concept of indexation while computing the LTCG cannot be imported to the computation of book profit u/s. 115JB

June 16, 2015 3308 Views 2 comments Print

Section 1115JB is non-obstante section and a complete code by itself, which provides that in case of a company, the income tax payable on the total income is computed under the Income tax Act in respect of any previous year is less than 7.5% (which percentage has been increased from time to time) of its book profit,

Applicability of Disallowance U/s 14A Read With Rule 8D if objective satisfaction is not recorded

June 16, 2015 1371 Views 0 comment Print

These are cross appeals filed by the assessee and the revenue directed against two separate orders of Learned CIT (A) – II Lucknow both dated 07.01.2013 for A.Y. 2008 – 09 and 2009 – 10. All these appeals were heard together and are being disposed by this common order for the sake of convenience.

‘Loan Arranger Service’ not liable for Deduction of TDS U/s. 195

June 16, 2015 10710 Views 0 comment Print

Regarding the treatment of Arranger fees as fees for technical services, we find that the ld. CIT(A) had treated it to be in the nature of service fee for managing and arranging the finance and, hence, it is the consideration for rendering managerial and consultancy services.

Sec. 37 Commission paid to agents for procurement of order for supply of liquor not allowable

June 16, 2015 2911 Views 0 comment Print

Whether assessee is entitled to the benefit of disallowance of commission purportedly paid by assessee to its commission agents for procurement of order for supply of liquor. Whether High Court can exercise jurisdiction in absence of any question of perversity of the finding of the tribunal.

Audit Fees for Prior Period not allowable unless expenses gets crystallized in the year under consideration

June 16, 2015 8238 Views 0 comment Print

Since the assessee is following mercantile system of accounting, the expenses of earlier year cannot be allowed in the present year because the assessee had not been able to furnish any evidence to show that the above expenses have crystallized in the present year.

Reg-Non-acceptance of correspondence and letters by Sales Tax Department

June 16, 2015 1481 Views 0 comment Print

It has recently come to notice through representations and letters that Authorities refuse to accept correspondence and applications addressed to their office, result being that such letters and correspondence then are readdressed to the office of the Commissioner of Sales Tax. It should be noted that the practice of not accepting or refusing to accept correspondence (Tapal) as well as applications, especially applications for cancellation of Assessment Orders under section 23(11) of the MVAT Act, 2002, is a practice which is wrong and unacceptable, to say the least.

Is Loss from derivative trading is a speculation loss & can it be set-off against normal business profits

June 16, 2015 18454 Views 0 comment Print

In the present case, it is an admitted fact that the assessee was engaged in the business of dealing in shares & securities and has incurred loss from dealing in derivatives (shares futures). It is not the case of the AO that the share futures in which the assessee was dealing were not recorded in recognized Stock Exchange, the loss incurred by the assessee was also not disputed by the AO.

Notification No. 39/2015-Customs Dated-16th June, 2015

June 16, 2015 1051 Views 0 comment Print

Amendment in Notification no. 12/2012 – Customs,dated 17/03/2012 – Change in scope of entry No. 330 & 334 in given table related to certain scrap of iron and steel products. -Notification No. 39/2015-Customs Dated-16th June, 2015

Release of Beta Version of online ANF 3A with facility to upload supporting documents

June 16, 2015 992 Views 0 comment Print

The Government is committed to improving ‘ease of doing business’ and move towards paperless submission and processing of various applications under Foreign Trade Policy (FTP). Trade is informed that a Beta version of online ANF 3A has now been released and it is now possible to not only apply online for claiming rewards under MEIS but also to upload the required supporting documents using digital signatures of the applicant

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