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ST-3 due date extended to 14th Nov'14 for 1st Half of 2014-15

October 24, 2014 24442 Views 0 comment Print

In exercise of the powers conferred by sub-rule (4) of rule 7 of the Service Tax Rules, 1994, the Central Board of Excise & Customs hereby extends the date of submission of the Form ST-3 for the period from 1st April 2014 to 30th September 2014, from 25th October, 2014 to 14th November, 2014.

S. 68 Addition based on mere report of Investigation Wing not sustainable

October 24, 2014 2254 Views 0 comment Print

The only issue here is the addition of Rs.60 lacs made by the Assessing Officer as unexplained credit on account of the share application money. On going through the facts of the case, we notice that assessee has filed the relevant details which it could have filed in support of its contention

AO can make adjustment to profit if books are not in accordance with established accounting principles

October 24, 2014 1065 Views 0 comment Print

The assessee had contended that the Assessing officer was not entitled to make adjustments to book profit shown in the audited The question that had arisen was whether the Assessing officer was entitled to disturb the net profit shown by the assessee in the profit and loss account prepared as per the Companies Act, 1956.

Share broker business commences the day on which assessee files registration application with NSE

October 24, 2014 2414 Views 0 comment Print

The company was incorporated on 24-11-2004 under the Indian Companies Act with the authorized capital of Rs. 2,00,00,000/- being minimum capital for the company obtaining membership of stock broker.

No disallowance u/s 14A, where assessee have sufficient own funds for making investment

October 24, 2014 1973 Views 0 comment Print

We could notice from the record that the assessee was having share holding funds to the extent of 2607.18 crores and the investment made by it was to the extent of Rs. 195.10 crores. In other words, the assessee had sufficient funds for making the investments and it has not used the borrowed

Mere Non recording of detailed reason in Assessment Order do not justify the presumption that order been passed without application of mind

October 24, 2014 922 Views 0 comment Print

First of all, we have to examine the documents produced by the assessee during the course of original assessment framed u/s. 147 read with section 143(3) of the Act vide order dated 20.11.2009. We find from the assessment order that the assessee produced complete details of purchases i.e. purchase statement.

Cash seized during search cannot be adjusted against advance-tax liability

October 23, 2014 1322 Views 0 comment Print

As per provisions of section 132B of the Act the assets seized u/s 132 or requisitioned u/s 132A may be adjusted towards the amount of any “existing liability”. The Explanation 2 attach to section 132B of the Act clarifies that for removal of doubts it is hereby declared that the “existing liability”

AO can issue notice u/s 148 despite non expiry of time limit for issuing notice u/s 143(2)

October 23, 2014 3416 Views 0 comment Print

condition precedent for proceeding under section 147/148 of the Act was that the Assessing Officer should have reason to believe that income had escaped assessment. The Hon’ble jurisdictional High Court further held, The notice under section 147/148 issued to the petitioner was not vitiated merely for the reason that notice under section 143(2) had not been issued to it.

Refund cannot be denied for failure of Tax Department

October 23, 2014 2645 Views 0 comment Print

There is no dispute about the fact that the order of penalty at annexure A dated 12.3.2010 was made against the petitioner on the basis of the assessment of income of the petitioner done by the assessing officer under section 143(3) of the Act.

SEBI : Revision of proprietary position limits of non-bank stock brokers for currency derivatives contracts

October 22, 2014 724 Views 0 comment Print

) take necessary steps to put in place systems for implementation of this circular, including necessary amendments to the relevant bye-laws, rules and regulations;

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