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Reopening under compulsion of audit party withput AO’s Independent Opinion not valid

April 9, 2013 600 Views 0 comment Print

it is well settled that even if an issue is brought to the notice of the Assessing Officer by the audit party, it would not preclude the Assessing Officer from acting on such communication as long as the final opinion to take appropriate action is that of the Assessing Officer and not that of the audit party. Referring to the decision in case of CIT v. P.V.S Beedies (P.) Ltd. [1999] 237 ITR 13, it is equally well settled however that if the Assessing Officer has acted only under compulsion of the audit party and not independently, the action of re-opening would be vitiated.

ISA Eligibility Test May 2013 Notification

April 9, 2013 718 Views 0 comment Print

The next Eligibility Test for ISA PQC is scheduled to be held on Saturday the 11th May, 2013 from 08.00 a.m. to 12.00 p.m. A detailed notification giving list of centers would be hosted on Committee Portal at http://cit.icai.org by 16th April, 2013.

Review of all-in-cost ceiling of Trade Credits for imports into India

April 9, 2013 361 Views 0 comment Print

On a review, it has been decided that the all – in – cost ceiling as specified under paragraph 4 of A.P. (DIR Series) Circular No.28 dated September 11, 2012 `will continue to be applicable till June 30, 2013 and subject to review thereafter. All other aspects of Trade Credit policy remain unchanged.

SEBI prevents attempt to mis-sell an investment product

April 9, 2013 622 Views 0 comment Print

SEBI had received a complaint from an investor (hereinafter referred to as ‘ complainant’) that some unknown persons claiming to be ‘agents’ and ‘brokers’ of Mutual Funds and insurance companies have been contacting the complainant saying that the deceased son of the complainant had invested in Mutual Funds and they are maturing in a short while.

Revised Format of Bank and Bank Branch Audit Report Formats

April 8, 2013 894 Views 0 comment Print

As the members undertaking bank central and/ or branch audits of nationalized banks are aware, the Institute of Chartered Accountants of India has prescribed the illustrative formats of audit reports of banks as well as bank branches, which are in line with the requirements of the Revised Standard on Auditing (SA) 700, Forming An Opinion and […]

Penalty U/s. 78 to be waived if Service Tax and interest been paid before issue of SCN

April 8, 2013 6995 Views 0 comment Print

Considering the fact that the entire amount of service tax and interest has been paid before the issuance of the show-cause notice, I reduce the penalty under section 78 to 25% of the service tax but confirm the penalty imposed under section 77 by the impugned orders. The appellants are directed to pay penalty under section 78 confirmed by this order within 30 days of the communication of this order. Failing which, the appellants shall be liable to pay 100% of penalty as imposed in the impugned orders. The appeals are disposed of in the above terms.

Rule 6 of CENVAT Credit Rules, 2004 not applies if no cenvated input used in manufacture of exempted goods

April 8, 2013 9933 Views 0 comment Print

We are conscious of the fact that what is in dispute is not the question as to whether bio-compost fertiliser is a final product or not, but on the other hand the question is as to whether such final product is liable to be brought under Rule 57CC of the Central Excise Rules or not. Press mud is an unavoidable and inevitable waste which arises when the cane juice obtained after crushing the sugar cane is further processed for manufacture of sugar. Press mud is nothing but impurities present in the cane juice.

TPO can take domestic unrelated parties as comparables if Assessee having similar transactions with them

April 8, 2013 432 Views 0 comment Print

In our opinion, the assessee himself having taken these two non-related parties as comparables in its TP study, it cannot now turn back and say that one of the parties is not comparable without giving any cogent or convincing reason. The only reason given by the assessee in this regard is that the use of technology availed from Dupont has restricted application. It is, however, observed from the relevant figures that the domestic sales generated by the assessee using the technology of Dupont is quite comparable with the domestic sales generated from the use of technology of its AE Kansai Japan. There is thus no merit in the stand of the assessee that Depont is not a comparable case with Kansai Japan.

SEBI : Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to Normal Rolling Settlement

April 8, 2013 247 Views 0 comment Print

Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to Normal Rolling Settlement.

Import of Pets as Baggage allowed only to persons transferring their residence to India

April 8, 2013 1093 Views 0 comment Print

These instructions may be brought to the notice of the trade/airlines/carriers by issuing suitable Trade / Public Notices. Suitable Standing orders/instructions may be issued for the guidance of the field officers.

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