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Section 40(b)(v): AO cannot compel assessee to charge interest or remuneration

February 22, 2017 1647 Views 0 comment Print

It is correct that the terms of partnership provided payment of interest at the rate of 12 per cent on capital of partners as well as remuneration to the working partners. The assesses, however, did not make payment thereof to the partners nor made any provision of liability in the books of account

No Penalty for addition due to mere non submission of supportings

February 22, 2017 1446 Views 0 comment Print

There is hardly any dispute about the settled law that quantum and penalty proceedings are altogether different and each and every disallowance/addition made in the course of former proceedings does not ipso facto attract the latter penal action as per hon’ble apex decision in CIT vs. Reliance Petroproducts Pvt. Ltd. 322 ITR 158 (SC).

Section 10A: SC explains Exemption Vs. Deduction & Stage of Deduction / Exemption

February 22, 2017 4548 Views 0 comment Print

The export turnover and the total turnover for the purposes of sections 10A and 10B shall be of the undertaking located in specified zones or 100% Export Oriented Undertakings, as the case may be, and this shall not have any material relationship with the other business of the assessee outside these zones or units for the purposes of this provision.

Non acceptance of tax under PM Garib Kalyan Yojna (PMGKY)-regarding

February 22, 2017 1545 Views 1 comment Print

It has been brought to the notice of Board that many banks are not accepting payments of tax/surcharge/penalty under Prime Minister Garib Kalyan Yojna (PMGKY) due to lack of awareness of prescribed challan and certain technical reasons.

CBDT amends Section 138 with effect from 23.05.2003

February 21, 2017 3795 Views 0 comment Print

In order to remove any ambiguity in interpretation of the said notification, Central Government, with retrospective date, has decided to clarify that clause (ii) of the proviso in the notification dated 23/05/2003 would mean the disclosure of any information in accordance with the provisions of section 138(1) from time to time.

Learning from UK to create successful innovation ecosystem in India

February 21, 2017 726 Views 0 comment Print

Startup report from FICCI cites learnings from the UK to create successful innovation ecosystem in India. A major report on the vibrancy of the startup ecosystem in the UK and its lessons for India’s developing startup scene was launched today.

Duty of AO in case of Reassessment after 4 Year of original assessment

February 21, 2017 1719 Views 0 comment Print

AO bound to demonstrate that the assessee has failed to disclose material facts fully and truly which has resulted in escapement of income. If he fails to demonstrate this aspect, then, in the case where scrutiny assessment has been made and four years have expired, he cannot take action under section 147 of the Income Tax Act.

Transfer Pricing adjustment has to be done only in respect of International Transactions with Associated Enterprises

February 21, 2017 6696 Views 2 comments Print

We also note that the Delhi High Court in Commissioner of Income Tax Vs. Keihin Panalfa Ltd. (ITA No.11 of 2015) decided on 9th September, 2015 has while dealing with transfer pricing adjustment in the absence of segmental accounts held that adjustments have to be restricted only to transactions with Associated Enterprises. It further held that whereseparate accounts are not available, then proportionate adjustments to be made only in respect of the international transactions with Associated Enterprises.

Reg. Modification in IEC involving shift in its jurisdictional RA

February 21, 2017 1086 Views 0 comment Print

When an IEC holder seeks modification/ change of Head Office/ Registered Office address in its IEC and which involves a shift in its jurisdictional RA, a request to that effect will have to be made to the new RA, to whose jurisdiction the applicant is shifting its office.

Aadhaar Mandatory for Saakshar Bharat Scheme

February 21, 2017 819 Views 0 comment Print

Department of School Education and Literacy, Ministry of Human Resource Development in the Government of India is implementing the Centrally Sponsored Scheme of Adult Education and Skill Development commonly known as Saakshar Bharat Scheme

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