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Forfeited share application money is Capital Receipt and is Not Taxable

March 6, 2017 18132 Views 0 comment Print

It is a fairly settled law that forfeiture of share application money which has been duly received by the appellant in terms of prospect and credited to capital reserve account was a capital receipt.

Reinstatement of employees benefit obligation allowable in Computation of Book Profit U/s. 115JB

March 6, 2017 1569 Views 0 comment Print

Amount withdrawn from General Reserve on account of reinstatement of employees benefit obligation is allowable while computing Book Profit u/ s 115JB as same is an obligation of the assessee as an employer and is an ascertained liability.

Fortified Advance paid for Purchase of Property for business allowable as business expenditure

March 6, 2017 3828 Views 0 comment Print

Assessee pointed out that the property in question was intended to be purchased for the purpose of constructing office premises and was directly related to the business of the assessee and therefore the deduction claimed should be allowed. As in the present case the Assessee did not acquire any capital asset and merely paid advance […]

Retention money cannot be treated as Income till performance of contractual obligations

March 6, 2017 5358 Views 0 comment Print

Retention money is not in the nature of income till such time the contractual obligations are fully performed to the satisfaction of the customer by the Assessee. Therefore the retention money cannot be regarded as income even for the purpose of book profits u/s.115JB of the Act though credited in the profit and loss account […]

Block Assessment: Additions not based on Incriminating Material found during search is not valid

March 6, 2017 7332 Views 0 comment Print

On the question of law presently before the court, the primary consideration is whether the AO had the jurisdiction to make the additions to the assessment under section 158BC of the Act. To analyze this, it is necessary to address the grounds of each such addition made, and assess if the AO had jurisdiction in conducting the block assessment within the meaning of section 158BC, or if this was indeed not within the purview of the AO’s jurisdiction.

Expenditure on issue of FCCB/ Debentures is a revenue expenditure

March 6, 2017 4767 Views 0 comment Print

The debentures whether convertible or non convertible are in the nature of loan at the time of their issuance and any expenditure incurred on issue of such debentures or bonds had to be regarded as part of the borrowing cost and have to be allowed as a deduction and as a revenue expenditure. This expenditure cannot be regarded as capital.

Prosecution for offences punishable under Customs Act, 1962

March 6, 2017 6345 Views 0 comment Print

Reportedly, one of the factors leading to delays in launching of prosecution is lack of clarity regarding the role of Directorate General of Revenue Intelligence (DGRI) vis-а-vis Customs field formations as to who should submit the investigation report and who should launch prosecution.

Classification of Selfie Sticks with or without Bluetooth

March 6, 2017 2658 Views 0 comment Print

The Conference of Chief Commissioners of Customs and Director Generals (03 January, 2017, New Delhi) on Customs Tariff and Allied Matters had deliberated the classification of Selfie Stick with Bluetooth. It was decided that the classification of the said item would be examined in the Board.

RBI Instruction on Reporting Banks on Gold Monetisation Scheme transactions

March 6, 2017 969 Views 0 comment Print

In order to have uniformity in reporting, reconciliation and accounting, agency banks may report the Gold Monetisation Scheme transactions i.e., receipt, payment, penalty, interest, commission for mobilisation, handing charges, etc., directly through the government account maintained for the purpose at Central Accounts Section, Reserve Bank of India, Nagpur, on a daily basis as in the case of the transactions of Public Provident Fund (PPF) Scheme, 1968. You may, therefore, approach our Central Accounts Section, Reserve Bank of India, Nagpur for necessary arrangements to report Gold Monetisation Scheme transactions with immediate effect.

Govt mandates Aadhaar for LPG Connection & Cylinder Subsidy

March 6, 2017 1557 Views 0 comment Print

Pradhan Mantri Ujjwala Yojana ( PMUY) aims to safeguard the health of women and children by providing them with a clean cooking fuel – Liquefied Petroleum Gas (LPG), so that they don’t have to compromise their health in smoky kitchens or wander in unsafe areas collecting firewood.

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