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Analysis of Form 15CA & 15CB requirement for payments made for import of goods

June 15, 2015 63698 Views 19 comments Print

Provisions of Sec. 195(6) of the income tax act got amended by the Finance Act 2015 and it comes into force with effect from 1-6-2015. As per the amended provision, the person responsible for paying any sum, whether chargeable to tax or not, to a non-resident shall be required to furnish the information of the prescribed sum in such form and manner as may be prescribed. When the original provision was inserted,

Assessee not bound by Quantum of Admission during assessment proceedings if same not offered in ROI

June 15, 2015 1164 Views 0 comment Print

An Assessee cannot be compelled with the quantum of additions as admitted during the course of assessment proceedings if the said additions were not offered to tax in the return of income.

Business transaction amounts are not taxable as deemed dividend

June 15, 2015 633 Views 0 comment Print

The main issue in both the years relates to whether transaction made in normal course of business can be treated as deemed dividend u/s 2 (22) (e) of the act. The another issue besides the issue above in AY 2007-08 is addition of Rs. 45,00,000/- as unexplained cash credit.

No adjustment for disallowance of license fees and management charges U/s. 44C of Income Tax Act 1961

June 15, 2015 2389 Views 0 comment Print

In our conclusion, neither the payment of license fees nor the management charges, falls within the ambit and purview of section 44C and, accordingly, the nature of adjustment to the total income for the purpose of disallowance is not required. Thus it is held that license fees and management charges do not fall in the nature of head office expenses u/s.

Private Limited Company is an Inanimate Person and no Personal Expenditure could be Attributed to it

June 15, 2015 3487 Views 0 comment Print

In the present facts of the Case there are three vital issues in which the Hon’ble Tribunal held that expenses like Telephone expenses, Diwali Expenses, Travelling Expenses, Vehicle Running, Event management Expenses

Deduction u/s 80IC Rs cannot be denied on Foreign Exchange Rate Fluctuations

June 15, 2015 1951 Views 0 comment Print

Exchange rate fluctuation arises out of and is directly related to the sale transaction involving the export of goods of the industrial undertaking and, therefore, difference on account of exchange rate fluctuation is entitled to deduction under section 80IB of the Act. This ground of appeal is allowed.

Cenvat Credit of Input Services In ‘Setting-Up’ of A Factory

June 15, 2015 21016 Views 3 comments Print

With effect from 01.04.2011, the Government has provided an equipped weapon to Revenue Officers by deletion a word i.e. ‘Setting-up’ from the definition of input services vide Notification No. 03/2011-CE(N.T.) dated 01.03.2011, to dispute the Cenvat Credit of Input Services, availed in relation to ‘setting-up’ a factory. Prior to 01.04.2011

Types of Duties under Customs

June 15, 2015 287201 Views 19 comments Print

Basic Customs Duty- Goods imported into India are chargeable to basic customs duty (BCD) under Customs Act, 1962. The rates of BCD are indicated in I Schedule (for Imports) of Customs Tariff Act, 1975. Education cess (EC) @2% and secondary & higher education cess (SHEC) @1% are applicable extra.

Exemptions to Private Companies (other than subsidiary of a public company)

June 15, 2015 2415 Views 0 comment Print

Exemptions to Private Companies (other than the subsidiary of a public company) [Issued under section 462(1) (a) & (b)]. MCA issued the Notification dated 5th may 2015 by which it has provided for much awaited exemptions to Private Companies. After this notification now the private companies are relieved from the stringent compliance of the act.

Expenditure claimed on account of maintaining corporate entity cannot be disallowed even when no business is carried out

June 15, 2015 2354 Views 0 comment Print

Whether expenses incurred for maintaining corporate entity & expenditure for day to day functioning of the company are allowable expenses u/s 37 even when no business activity was carried out by the assessee? Whether claim of set off of brought forward losses depreciation brought forward from earlier years should have been allowed?

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