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Reopening invalid if no nexus with reasons recorded & ‘formation of belief’

May 13, 2016 1287 Views 0 comment Print

Smt. B. Radha & Ors. Vs. DCIT (ITAT Hyderabad) The impugned issue to be considered is whether the reopening of assessment on the basis of so-called statement of Shri Ramalinga Raju (Satyam Computers) is warranted. As seen from the additions made, there is no live-link with the reasons recorded and the additions made. In fact, […]

ITAT explains when an individual or a HUF can be treated as ‘not ordinarily resident’ in India

December 21, 2015 2296 Views 0 comment Print

It is evident from the word ‘or’, occurring for the first time in sub-clause (a) or (b) of clause (6) of section 6, that the two conditions contemplated in those sub-clauses are alternate and these are not cumulative. The fulfillment of either of the conditions would be sufficient to treat an individual or a Hindu undivided family as ‘not ordinarily resident’ in India.

Court/Tribunal can dismiss appeal for non-prosecution

November 6, 2015 1152 Views 0 comment Print

Where AO allowed interest on capital and remuneration paid to the partners from the estimated income on the basis of partnership deed, assessment made by AO on estimation of income could not be treated as erroneous or prejudicial to the interest of Revenue for invoking the jurisdiction under section 263.

Relevant date for allowing benefit U/s. 54 /54F

October 12, 2015 1440 Views 0 comment Print

Shri Vembu Vaidyanathan Vs DCIT (ITAT Mumbai) Left with the relevant date to decide in the facts of the case, the decision of the Tribunal in Purushottam Govind Bhat’;s case (supra) really comes to favour the assessee. In the said case, the assessee joined the society in 1977. He was allotted a flat and occupied […]

Savings Bank Deposit Account (BSBDA) – FAQs (RRBs/StCBs/DCCBs)

September 2, 2015 276 Views 0 comment Print

1. Query What is the definition of ‘Basic Savings Bank Deposit Account’ (BSBDA)? Response All the existing ‘No-frills’ accounts opened pursuant to guidelines issued vide circular RPCD.RF.BC.54/07.38.01/2005-06 dated December 13, 2005 and RPCD.CO.No.RRB.BC.58/ 03.05.33(F) / 2005-06 dated December 27, 2005 and converted into BSBDA in compliance with the guidelines issued in circular RPCD.CO.RRB.RCB.BC.No.24/07.38.01/2012-13 dated August 22, 2012 as well as fresh […]

No deduction U/s. Section 80IB(10) if completion certificate issued after cut off date

August 21, 2015 1810 Views 0 comment Print

CIT Vs M/s Global Reality (Madhya Pradesh High Court) The next question that needs to be answered, is, whether the stipulation in Section 80IB(10)(a) can be said to be directory. Considering the prodigious benefit offered in terms of Section 80IB to the assessee (hundred per cent of the profits derived in any previous year relevant […]

Master Circular on Customer Service in Banks

July 1, 2015 3726 Views 0 comment Print

Reserve Bank of India RBI/2015-16/59 DBR No.Leg.BC. 21/09.07.006/2015-16 July 1, 2015 Ashadha 10, 1937 All Scheduled Commercial Banks (Excluding RRBs) Dear Sir, Master Circular on Customer Service in Banks Please refer to the Master Circular DBOD No.Leg.BC.21/09.07.006/2014-15 dated July 01, 2014 consolidating the important instructions issued by us in the area of customer service up to June […]

Penalty imposed not sustainable if Quantum Assessment itself quashed

May 10, 2015 3390 Views 0 comment Print

Since basis for visiting assessee with penalty has been extinguished by quashing assessment order itself by Tribunal in appeal of assessee, impugned penalty imposed further had no leg to stand.

TDS deductible on Salary Paid to missionary teacher irrespective of subsequent use

February 4, 2015 1347 Views 0 comment Print

Fr. Sabu P.Thomas Vs Union of India (Kerala High Court) The receipts in question, in the instant cases, are amounts by way of salary and pension. These payments accrue to the individuals concerned, who have rendered service in their individual capacity and based on the educational qualifications and skills possessed by them as individuals. The […]

Guidelines for Licensing of Payments Banks in Private Sector- FAQs

January 1, 2015 543 Views 0 comment Print

If the payments bank appoints an entity as its business correspondent (BC), would that entity be able to perform business facilitation (BF) activities such as loan sourcing for some other bank in addition to performing payment related activities for the payment bank?

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