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No penalty for mere reason that claims made under bonafide belief are found unsustainable in law

September 2, 2014 1648 Views 0 comment Print

The Gujarat Value Added Tax Tribunal in the case of Star Industries v/s The State of Gujarat (Second Appeal No. 347 of 2013 decided on 02.09.2014) has, in the context of penalty u/s 45(2)(c) of the Gujarat Sales Tax Act, 1969, held that where only under bonafide belief the appellant had failed to pay purchase tax u/s 15B on the transactions of branch transfer

Validity of reopening of assessment has to be determined on the basis of reasons for reopening

September 2, 2014 1721 Views 0 comment Print

In the present case, the submission of the assessee before the Tribunal, as recorded in paragraph 3 of the impugned order, is that the only reason which was given by the Assessing Officer for initiating reassessment proceedings was that the property was sold by the assessee for Rs.31 lacs

SEBI further amends ICDR Regulations

September 2, 2014 8991 Views 0 comment Print

SEBI has vide Notification No. LAD-NRO/GN/2014-15/06/1372 dated 25th August, 2014 issued Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Second Amendment) Regulations, 2014 (the Amendment) making few amendments in the conditions for IPO, Minimum offer to Public, allocation of net offer to public, pricing of equity shares and Schedule XI dealing with the Book Building process. Several portions have been made in line with SEBI (Substantial Acquisition of Shares and Takeover) Regulations, 2011.

Account cannot be classified at Inoperative if Dividend been credited to such account

September 1, 2014 1361 Views 0 comment Print

There may be instances where the customer has given a mandate for crediting dividend on shares to Savings Bank account and there are no other operations in the Savings Bank account. Some doubts have arisen whether such an account is to be treated as inoperative account after two years.

Specify time frame for Disposal of loan applicable -RBI to banks

September 1, 2014 1349 Views 0 comment Print

It is, therefore, advised that banks should clearly delineate the procedure for disposal of loan proposals, with appropriate timelines, and institute a suitable monitoring mechanism for reviewing applications pending beyond the specified period. It is, however, reiterated that there should not be any compromise on due diligence requirements. Banks may also make suitable disclosures on the timelines for conveying credit decisions through their websites, notice-boards, product literature, etc.

Differential treatment cannot be meted out to another co-owner while making assessment of same property

September 1, 2014 1952 Views 0 comment Print

Hon’ble Madras High Court in the case of CIT vs. Kumararani Meenakshi Achi (supra) has held that the differential treatment cannot be meted out to another co-owner while making the assessment of same property or while valuing the same property.

Shares cannot be treated as stock instead of investment for mere non-receipt of dividend

September 1, 2014 808 Views 0 comment Print

The respondent-assessee had submitted that their total turnover was Rs.4697.23 crores, as against investment in shares of Rs.2.95 crores. In the previous assessment years they were maintaining dual portfolio of investment (capital asset) and stock-in-trade (trading asset).

Resolutions to be passed to reduce filing fees of MGT14

August 31, 2014 6440 Views 0 comment Print

RESOLUTIONS TO BE PASSED TO REDUCE FILLING FEES OF MGT14 of small & medium size companies, if draft exemption is not passed in parliament 1) First board meetings of small & medium size companies should pass resolutions in respect of following (at least), to reduce  cost of filling Form MGT14: i) Pass resolution for disclosure of interest, ii) Approval of financial […]

Start-Up’s Beware of Vodafone!

August 30, 2014 3325 Views 0 comment Print

CA Paras Mehra Mr Ashish Ranjan, developer, started his business in Hong Kong. Since he was good at marketing, his business soon started generating profits. Ashish, through his Hong Kong Company expands his business in India and incorporates a company which is fully controlled by Hong Kong Company. Ashish, because his business was doing well, […]

Deduction U/s 80IC can be claimed, despite no chemical change in composition of the raw material during manufacturing process

August 30, 2014 7214 Views 0 comment Print

assessee had set up a unit at Baddi in Himachal Pradesh for packaging of Horlics, Boost for Glaxo Smithkline Consumer Healthcare Ltd. The assessee filed its return of income claiming deduction u/s 80IC of Rs. 6,59,69,287/- @ 100% on the profits of the eligible business alleging

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