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MCA further clarifies on Shares held in fiduciary capacity

June 27, 2014 40274 Views 0 comment Print

In what seems to have become an exclusive and welcome manner of making up for the perplexity created by the Companies Act, 2013, the Ministry has come out with yet another clarification vide General Circular no. 24/2014, Dated: 25.06.2014 on holding of shares in fiduciary capacity in associate companies.

Clarification with regard to use of the words "Commodity Exchange" in a company-reg.

June 27, 2014 571 Views 0 comment Print

It is also clarified that the certificate from Forward Markets Commission will also be required in cases of companies registered with the words Commodity Exchange before the issue of this circular.

Public Notice No. 63 (RE-2014)/2009-2014, Dated: 27.06.2014

June 27, 2014 508 Views 0 comment Print

Manufactures of export products covered under above SIONs and the concerned Export Promotion Councils should submit production and consumption data as soon as possible but not later than Thursday, the 31st July, 2014 so that such a review is taken up. Failure to provide the data, so required by the date so specified would result in stoppage of the benefit of Advance Authorization / DFIA for export products covered by these SIONs.

Clarification with regard to use of the words ‘Commodity Exchange’ in a company-reg.

June 27, 2014 2028 Views 0 comment Print

In continuation of this Ministry’s circular no. 02/2014 dated 11.02.2014, it is hereby clarified the use of the word Commodity Exchange may be allowed only where a No Objection Certificate from the Forward Markets Commission (FMC) is furnished by the applicant. All other provisions of the Companies (Incorporation) Rules, 2014 will continue to be applicable.

Circular on extension of timeline for alignment of employee benefit schemes with SEBI (ESOS and ESPS) Guidelines, 1999

June 27, 2014 2414 Views 0 comment Print

In view of the above, it has been decided to modify the said circular dated November 29, 2013 to extend the time line for aligning existing employee benefit schemes with the SEBI (ESOS and ESPS) Guidelines, 1999 till the new regulations are notified. However, it is reiterated that prohibition on acquiring securities from the secondary market shall continue till the existing schemes are aligned with the new regulations to be notified.

Capital Gain on depreciable assets held for more than 3 years is to be taxed at rate applicable to LTCG

June 27, 2014 20396 Views 2 comments Print

It was held that for the purpose of computation of capital gain on transfer of flat on which depreciation has been claimed and which has been held for more than 3 Years has to be treated as short term capital gain u/s 50 of the IT Act, but for the purpose

CBDT releases E-filing Utility of ITR-5 for AY 2014-15; Who Can File ITR 5?

June 27, 2014 8067 Views 0 comment Print

After Long Wait CBDT has Finally Released ITR 5 which is applicable for Income Tax Return (ITR) of firms, AOPs, BOIs and LLPs for Assessment year 2014-15. CBDT has Released Java Utility of ITR-5 and we expect Excel Utility also to be released soon.

Sec 14A – Disallow only directly related Expense; Disallowance should not exceed tax on Exempt Income – ICAI

June 27, 2014 33815 Views 0 comment Print

ICAI Suggestion on Disallowance of expenditure incurred in relation to income not includible  in total income under section 14A  of the Act: As per the existing provisions of section 14A of the Act, no deduction shall be allowed in respect of expenditure incurred by a taxpayer in relation to income which does not form part […]

Section 14A – Investment not resulting in any exempt income cannot be considered for of disallowance under Rule 8D(2)(i)

June 27, 2014 6868 Views 0 comment Print

Definition of ‘total income u/s 2(45) refers to section 5 which envisages ‘scope of total income’. On a reading of section 5 of the IT Act, it would be evident that as per this section ‘total income’ is of any previous year and which includes income from

Has Penalty u/s 271(1)(c) become a Compulsory Consequence of Non filing of Quantum Appeal?

June 27, 2014 45418 Views 8 comments Print

It has become a normal tendency to subject an Assessee to Penalty u/s 271(1)(c) in all cases where the Assessee refrains to file an appeal, with a hope to end the nightmare which began with selection of case for scrutiny by accepting the general additions in Assessment order.

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