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Interim Stay order period is to be excluded for computing Limitation Period: SC

May 8, 2016 7735 Views 1 comment Print

It is not in dispute that the period during which interim stay of the order passed by the court is in operation has to be excluded while computing the period of two years as limitation period prescribed for completing the block assessment.

Revised Time & payment mode to Govt a/c of TCS wef 01.06.2016

May 3, 2016 8527 Views 1 comment Print

CBDT has vide Notification No. 30/2016 dated 29.04.2016 has inserted sub-rule Rule 3A and 3B and amended Sub Rule- 3 & 4 of Income Tax Rule-37CA related to Time and mode of payment to Government account of tax collected at source under section 206C. Revised Provisions related to payment of TCS and its mode wef 01.06.2016 are as follows :-

CAs lost battle against CMAs on Co-Operative Society Audit issue

March 29, 2016 23461 Views 8 comments Print

It is the case of the petitioners that succumbing to the pressure of lobbying and political pressure, brought by the members of the Cost Accountants fraternity, the State Legislature sought to bring a further amendment to Section 63 of the KCS Act, by Act no. 35 of 2014.

S. 80IC: Despite substantial expansion there cannot be two initial A.Y.

February 11, 2016 4951 Views 0 comment Print

The initial assessment year has been defined and the expression or’ has been used in respect of new units by stating commences operation’ or complete substantial expansion’. Here the expression or’ is to be read as a mutually exclusive expression which refers to a particular situation by excluding the other situation.

No Penalty for non disclosure of Income manner, if same was not asked during statement recorded U/s/ 132(4)

February 11, 2016 2217 Views 0 comment Print

Where no question was asked during statement recorded under section 132(4), in respect of manner of earning income surrendered, assessee could not be expected to substantiate same later on; penalty could not be levied under section 271AAA

Search and seizure are reasonable cause for delay in filing & Payment of Wealth Tax

February 11, 2016 1545 Views 0 comment Print

We understand that in case of search, assessee is to comply with law and various declaration and formalities which certainly take lot of time. From the aforesaid situation and circumstances, it is clear that there was sufficient cause which prevented the assessee to pay wealth tax in the wealth tax return

Profit on Sale of Share immediately after conversion from Stock in Trade to Investment is Business Income

January 29, 2016 1244 Views 0 comment Print

lndo Stosec (P.) Ltd. vs. ITO (ITAT Mumbai) Assessee has converted the stock in trade into investments only in the current year and immediately sold the shares after such conversion. Accordingly, the Ld D.R submitted that the assessee has entertained the idea of conversion, only to avail the exemption u/s 10(38) of the Act and also to avail concessional rate of tax in respect of short term capital gains.

No Legal Bar on conversion of Stock in Trade to Investment

January 29, 2016 2592 Views 0 comment Print

ACIT vs. M/s. Superior Financial Consultancy Services (ITAT Mumbai)- Ld.CIT(A), for the purpose of deciding the case has elaborately discussed three main issues, namely (i) whether the assessee can legally convert its stock-in trade into investments

Service Tax Rate Chart effective from 15th November 2015

November 7, 2015 171728 Views 7 comments Print

Central Government has vide No. Notification No. 21/2015-ST dated November 6, 2015 has notified that Swachh Bharat Cess (SBC) is applicable on all taxable services from 15.11.2015 this has increased the service tax rate to 14.50% and has also resulted in Changes in Service Tax Rates from 15.11.2015 on Various Services which are under abatement or on which reverse Charge Mechanism is applicable.

Extend ITR due date to 31st October 2015- P&H HC to CBDT

October 31, 2015 79822 Views 0 comment Print

In the case of Vishal Garg & Ors. Vs. Union of India & Anr., Punjab & Haryana HC instructed CBDT extend due date of Tax Audit cases to 31st October 2015 from existing 30th September 2015. Its not clear if the due date for non audit cases also been extended

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