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Reopening on mere possibility of revenue loss is based on presumption & is invalid

November 17, 2014 811 Views 0 comment Print

The assessee is a FUND and a resident of Denmark. Along with its return of income, in India, the assessee had submitted ‘Tax Residency Certificate’ issued by the Danish Authorities in order to claim the benefit of Article 14 of India-Denmark DTAA.

Valuation/Assessment Practice in respect of export of Iron Ore

November 17, 2014 2664 Views 0 comment Print

Pursuant to the references received relating to valuation of iron ore entered for export, the Central Board of Excise and Customs vide Circular No. 12/2014 – Customs dated November 17, 2014 has prescribed the specified procedures to be adopted by all Custom Houses in order to bring in uniformity, transparency and consistency in assessment of export of Iron Ore, fines and pellets. For details, please read the Circular given below-

Reference to DVO cannot be made if assessee has challenged the valuation by stamp authorities

November 17, 2014 2217 Views 0 comment Print

First contention of the assessee is that the sale consideration cannot be taken more than the actual sale consideration shown in the transfer deed i.e. a sum of Rs.4 1.51 crores. The alternative contention is that if the sale consideration is taken as valuation done by the Stamp Valuation Authorities then there is a mistake

In case of conflict in judgment of non-jurisdictional High Courts, one in favour of assessee should be adopted

November 17, 2014 2372 Views 0 comment Print

The assessee is a non-scheduled Co-operative Bank carrying on banking business in terms of a license issued by Reserve Bank of India (RBI), and is thus governed by Circulars of RBI relating to Prudential Norms, Income Recognition, Asset Classification, Provisioning

Income-tax Assessment completes on date of order, irrespective of service of order; CBDT rectifies 6 year old mistake

November 17, 2014 3527 Views 0 comment Print

CIRCULAR NO. 16/2014 Chapter XIX-A of the Income-tax Act, 1961 contains provisions relating to settlement of cases by the Income-tax Settlement Commission (ITSC). The provisions contained in the said chapter were amended by Finance Act, 2007 and a Revised Settlement Scheme was put in place. Explanatory Circular No. 3/2008 dated 12.03.2008 issued by CBDT vide para 61

GST and Insurance Amendment Bill are on the Anvil: FM

November 17, 2014 1698 Views 0 comment Print

Economic Reforms Inclduing GST and Insurance Amendment Bill are on the Anvil: FM; Calls for Large Investment from Domestic and International Investors in Infrastructure Sector The Union Finance Minister Shri Arun Jaitley said that the Government has taken series of measures to tackle various challenges being faced by the infrastructure sector in the country. The […]

Companies (Central Government’s) General Rules and Forms Amendment Rules, 2014

November 17, 2014 4206 Views 0 comment Print

In the Companies (Central Government’s) General Rules and Forms, 1956, in Rule 12A, for the brackets and words “(Accounts) in the Department of Company Affairs”, the words “in the Ministry of Corporate Affairs” shall be substituted.

Amendment to Rule 7 of Customs, Central Excise Duties & Service Tax Drawback Rules 1995

November 17, 2014 4561 Views 0 comment Print

(1) These rules may be called the Customs, Central Excise Duties and Service Tax Drawback (Amendment) Rules, 2014. (2) They shall come into force on 22nd November, 2014.

Section 195 – No TDS on reimbursement of expenses for supply of data

November 17, 2014 5078 Views 0 comment Print

Briefly stated facts are that the assessee claimed deduction for Rs.6,88,12,554/- and Rs.23,78,781/- being amount payable to EYGS LLP and Ernst & Young LLP, UK respectively towards reimbursement of costs for providing access to system & management audit methodology updates

Sham Transactions with object to reduce tax liability liable for Penalty

November 16, 2014 2846 Views 0 comment Print

In the case in hand, from the facts, it was clearly established that the assessee had put a wrongful claim of depreciation and thereby had furnished inaccurate particulars of income for the purpose of concealment of real income, hence, the penalty proceedings were correctly initiated by the AO.

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