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Some Recent Case Decisions on Important Issues in Income Tax

June 14, 2015 21197 Views 0 comment Print

Stay on demand should be granted till the disposal of appeal where assessment was framed ex­parte u/s 144 of the Act. Whose fault was, for passing ex-parte order is immaterial for the proceedings of stay. ACIT vs. Anirban Transport Services (ITAT Kolkata)ITA No.821/Kol/2013.

DSC issuance process to get stringent from 1st July 2015

June 14, 2015 4527 Views 0 comment Print

You are requested to plan your Digital signatures before 30th June for those DSC expiring in new future as the issuance process would be more stringent and cumbersome post 1st July, 2015. The rates may also undergo change as a part of implementation cost of new guidelines as is being said by the Certifying Authorities. Please find outlined the key new changes which would be required to be adhered to going forward:

OLA – Success Story, Business Model And Future

June 14, 2015 22913 Views 3 comments Print

Very many businesses have found glorious success with E-Commerce in today’s world of rapid technological advancements and changing customer needs. E-Commerce refers to the trading of goods or services using computer network.

Disclosure of Trading by Insiders as per SEBI (Prohibition of Insider Trading) Regulations, 2015 – Preview

June 14, 2015 3659 Views 0 comment Print

1. Introduction The new Regulations aim at strengthening disclosure at different stages to ensure transparency for an orderly securities market. The provisions on disclosure are discussed hereinafter. 2. Provisions under the Regulations Chapter III of the SEBI (Prohibition of Insider Trading) Regulations,2015 requires disclosures of trading by insiders. The term insider is defined under R […]

Empanelment with Canara bank for Appointment as Concurrent Auditor

June 13, 2015 43928 Views 3 comments Print

Eligible/interested Proprietary Concerns / Firms / Companies, who are agreeable to the above terms & conditions, may apply online only in the application (click to apply), on or before 26.06.2015

Sale proceeds of Flags on Women’s Day Pursuant to govt. order are capital receipts

June 12, 2015 763 Views 0 comment Print

Assessing Officer found that the assessee has received a sum of Rs. 29,03,109/- on account of sale of Women’s Day Flags and the same has been credited to the capital fund and he treated the same as revenue receipt. On Appeal Honourable ITAT has held that sale proceeds of flags on Women’s Day are in the nature of capital receipts.

Penalty u/s 271(1)(C) can’t be levied in succeeding year if on similar/ identical disallowance, no penalty was levied in preceding year

June 12, 2015 1855 Views 0 comment Print

In the case of Asst Commissioner of Income Tax vs. Dhariwal Industries Ltd, Hon’ble ITAT has held that once issue on which penalty u/s 271 (1)(C)levied involves substantial question of law, then, no penalty is leviable.

Books cannot be rejected when PAN mentioned and TDS was deducted

June 12, 2015 1794 Views 0 comment Print

In the case of VV Constructions v ACIT, ITAT Pune held that the Books of account cannot be rejected for only the reason that there was some over writing in one of the transactions. Also, it can’t be rejected because the Assessee have furnished the PAN numbers and made TDS in all the transactions

Mere TDS certificate not conclusive evidennce for determining nature of payments

June 12, 2015 913 Views 0 comment Print

As can be seen from the terms of the relevant agreement between assessee and LAPPL, assessee is to receive 15% of the total contract amount as mobilization advance. Though, it may be a fact that in the TDS certificate, deductee has mentioned it as payment towards professional charges but

Accrual of Interest on hypothetical income outstanding in books cannot be taxed

June 12, 2015 5218 Views 0 comment Print

While setting aside the order passed by ITAT Hon’ble HC held that tax can be levied on real income not on hypothetical income. Realization of some entries is doubted and such entries can not constitute a valid levy of tax.

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