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Compounding of offence under Negotiable Instruments Act, 1881

March 6, 2015 43107 Views 0 comment Print

G S Rao Introduction: Sections 138 to 142 of Negotiable Instruments Act,1881(NI Act) which deal with offence and prosecution for dishonour cheques were brought into force with effect from April 1, 1989 by Section 4 of the Banking Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988.

Tax Discrimination based on language is unconstitutional

March 6, 2015 2413 Views 0 comment Print

The purported classification only on the basis of language without anything more and in particular having regard to the difference in the rate of tax, in our opinion is ex-facie arbitrary. The burden was, therefore, on the State to show that the imposition was justified.

Transportation by Rail- No Cenvat Credit From 01.04.2015

March 6, 2015 21218 Views 0 comment Print

Prior to 01/07/2012, transportation of goods service was taxable under the categories of transportation of coastal goods, goods transported through nation waterways and inland waterways, transportation of goods by air, transportation of goods by Rail and transportation of goods through pipelined or other conduit service.

Changes in Settlement Commission provision in Central Excise & Custom

March 6, 2015 1448 Views 0 comment Print

There are many bulk sections have been removed in Central Excise and Custom from this Budget, 2015. Reasons behind these bulk amendments are that these sections have become redundant. These sections have already get expired and now government think about these expired section and delete these. These sections are similar in Central Excise and Custom.

Allowance of balance additional depreciation under Income-tax Act, 1961- Finance Bill 2015

March 6, 2015 4924 Views 0 comment Print

The Finance Bill, 2015 has proposed to provide allowance for the balance 50% of additional depreciation which has not been allowed in the year of acquisition, in the immediately succeeding previous year. This will apply from AY 2016-17 and subsequent Assessment Year’s.

Notification No. 20/2015 – Income Tax Dated 5/03/2015

March 5, 2015 5002 Views 0 comment Print

Notification No. 20/2015 – Income Tax In pursuance of the provisions contained in sub-clauses (vi) and (via) of clause (23C) of section 10 of the Income-tax Act, 1961 (43 of 1961) read with rule 2CA of the Income-tax Rules, 1962, and in supersession of the notification of the Government of India in the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, published in the Gazette of India, Extraordinary,

Old practice of Government-High Court Decision undone!!

March 5, 2015 1397 Views 0 comment Print

It is a very old tactic followed by the government that when the interpretation taken by High Court or Supreme Court on an issue is consistently held against the revenue, the best solution lies with amending the statutory provision or adding explanations to it. This is the strategy that the Modi’s government has adopted in this Budget also.

Inter-linkage Budget 2015 and GST

March 5, 2015 1085 Views 0 comment Print

H’ble Finance Minister Shri Arun Jaitley (FM) in his Budget Speech exhibited his commitment to introduce GST from 1st April 2016 by mentioning about Goods and Service Tax (GST) multiple times in his Budget Speech 2015.

White Collar Crime – Corporate Espionage – Preview Indian Context

March 5, 2015 5457 Views 0 comment Print

Breaking of law is said to be crime. One who commits a crime is referred to as criminal. The criminal law administration mainly cerntres around the Indian Penal Code,1860 ( `IPC’) and the Criminal Procedure Code,1973 (`CrPC’). Crime is concern to society. Every country world wide works overtime to control crime. But crime is being committed world wide in geometric proportion. According to Aristotle ,

Place of Effective Management (POEM) in India & Corporate Taxation

March 5, 2015 20983 Views 0 comment Print

The India Budget, 2015 has proposed the amendment of Section 6 of the Income Tax Act which alters the conditions under which a company is resident in India by including the concept of ‘place of effective management’ or POEM. Instead of the clause during that year, the control and management of its affairs is situated wholly in India, the new clause will read its place of effective management, at any time in that year, is in India.

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