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Section 269SS/ 269T not applies to book entries not involving cash transactions

July 27, 2014 8850 Views 0 comment Print

In the instant case, the transaction in question, was not cash transaction. It was merely book entries. The CIT(A) has called Remand Record from the AO, who vide report dated 05.01.1999, confirmed that the transaction in question, by mentioning that no cash was involved.

Entering of agreement to sell amounts to Purchase U/s. 54 as it creates rights in favour of buyer – SC

July 27, 2014 5792 Views 0 comment Print

In the instant case, the following three dates are not in dispute. The residential house was transferred by the appellants and the sale deed had been registered on 24th September, 2004. The sale deed had been executed in pursuance of an agreement to sell which had been executed on 27th December, 2002

Employees contribution to PF allowable U/s. 43B if paid before IT return filing due date

July 27, 2014 24672 Views 0 comment Print

CIT v/s M/s Hindustan Organics Chemicals Ltd. (BOmbay High Court)- Supreme Court has expressly held that the amendments to section 43B that were brought about by the Finance Act, 2003 are retrospective in nature, we find that the ITAT was fully justified in deleting the addition of Rs.1,82,77,138/- on account of delayed payment of Provident Fund of employees’ contribution.

Availability of Cenvat Credit on Freight Outward Upto Place Of Removal

July 27, 2014 46885 Views 8 comments Print

Understanding the availability of CENVAT Credit on freight outward up to place of removal for manufacturers in India.

MCA issues clarification on transitional period for resolutions passed under the Companies Act, 1956

July 27, 2014 8913 Views 0 comment Print

Background One of the contentious issues while implementing corporate decisions is the validity of the resolutions passed under the provisions of the Companies Act, 1956 (“1956 Act”) post implementation of the provisions of the Companies Act, 2013 (“2013 Act”). First Phase of 98 sections of 2013 Act were notified on September 12, 2013. On February […]

Ministry’s Removal of Difficulties Order – More of a hindrance than a help

July 27, 2014 4147 Views 0 comment Print

The Ministry is leaving no stone unturned to leave matters pertaining to related party and transactions lucid. But is it so is the biggest question. On 24th July, 2014 MCA vide its Companies (Removal of Difficulties) Sixth Order, 2014 (Present Order) amended clause (iv) of Section 2(76) of Companies Act, 2013(Act, 2013). The Present Order is certain to create large amount of outcry among all the companies.

Loss on account of depreciation in value of shares held as stock is allowable

July 27, 2014 4458 Views 0 comment Print

Judgment of the Karnataka High Court in the case of Karnataka Bank Ltd. (supra), reliance on which was placed by Mr Mistry, squarely covers the issue raised in this Appeal. The facts in the case before the Karnataka High Court were that the Assessee was holding securities in different categories

Lok Sabha Passes Finance Bill 2014

July 26, 2014 4618 Views 0 comment Print

The Lok Sabha on Friday 25.07.2014  passed the Finance Bill, 2014 by a voice vote with which the legislative proposals notably on direct and indirect taxes proposed in the national budget for this fiscal can now become effective formally. Finance Minister said that “Ours is not a high-tax government. A high tax government cannot promote […]

Circular for Input Service Distributor: Ate, drank absolutely nothing, and broke the glass worth twelve cents

July 26, 2014 5425 Views 0 comment Print

There may be more than one factory registered under Central Excise and running under the same management. In order to facilitate the management, single head office is being set up for incurring expenses, availing services, easy disbursements and communication purpose.

How much is your goodwill and entity worth?

July 26, 2014 3513 Views 0 comment Print

Goodwill of an enterprise is an important ‘asset’ which is relevant for investors in their decision to invest or not and to know how goodwill is quantified? A chartered accountant may think this to be his forte to provide an answer but how much is the value of goodwill of an entity and value of an entity may be difficult to answer but not impossible.

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