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No disallowance U/s. 14A for investment in shares of subsidiaries & Joint Ventures

May 4, 2014 4136 Views 0 comment Print

For the year under consideration the assessee has specifically raised a point before the AO that 97.82% of the investment is in the subsidiary companies and joint venture companies and, therefore, no expenditure was incurred for maintaining the portfolio on these investments

VCES application rejection for Delay or Short Payment of taxes valid – HC

May 1, 2014 4335 Views 0 comment Print

The High Court of Ahmedabad held in the case of Ramilaben Bharatbhai Patel v. Union of India that in exercise of writ jurisdiction, the High Court does not have power to waive or relax the condition of depositing 50% of tax dues by December 31, 2013 under the Service Tax Voluntary Compliance Encouragement Scheme, 2013.

Addition for Subscription to share Capital by Kolkata based companies

April 21, 2014 4635 Views 0 comment Print

The Hon’ble Supreme Court in the case of CIT Vs. Lovely Exports Pvt. Ltd. (supra), has held that if the share application money is received by the assessee company from alleged bogus shareholders whose names are given to the AO then the department is free to proceed to reopen their individual assessment in accordance with law but it cannot be regarded as undisclosed income of the assessee company.

Addition for loan received after deposit of Cash in Bank Account of loaner

April 21, 2014 4003 Views 0 comment Print

It is a fact that the assessee is not required to prove the source of source of the amount found credited in the accounts of loan creditors as held by the Hon’ble Delhi High Court in the case of Dwarik Dwarikadhish Investment (P.) Ltd. (supra) and CIT vs. Diamond Products Ltd. (supra).

Govt woman employee can get uninterrupted 2-yr leave for child care – SC

April 16, 2014 5486 Views 0 comment Print

In the present case, the appellant claimed for 730 days of CCL at a stretch to ensure success of her son in the forthcoming secondary/senior examinations (10th/11th standard). It is not in dispute that son was minor below 18 years of age when she applied for CCL.

SC grants recognition to transgenders / Eunuchs as third gender

April 16, 2014 1740 Views 0 comment Print

In a historic move, the Supreme Court on Tuesday granted legal recognition to transgenders as ‘third gender’ as a mandate of social justice in response to writy filed by National Legal Services Authority . The apex court ordered the Centre and the states to recognise transgenders as a class apart from male and female.

Tax Audit is exclusive domain of Chartered Accountants

April 16, 2014 9780 Views 0 comment Print

The requirements of Form 3CA/Form 3CB require the auditor to give a true and fair view on the accounts of the assessee which can be given only by persons having a high degree of training and competence in accounting. This level of knowledge in accounting is possessed only by chartered accountants acquired by virtue of […]

ICAI Clarification on Ceiling on number of tax audits

April 16, 2014 5530 Views 0 comment Print

In order to maintain the quality of tax audit to be conducted by our members. ICAI in the year 1989 imposed a limit on audits to be conducted by a practicing member in any financial year. At that time the limit was specified at 30. The process of fixation of ceiling on the number of […]

TDS U/s. 194H not deductible on Product Discount Schemes

April 12, 2014 18216 Views 0 comment Print

The assessee contended that the expenditure under the said claims are only for promotion of sales and hence had no relation to payment of any commission on sales. The assessee contended that therefore tax at source is not required to be deducted as the said expenditure did not fell within the ambit of Section 40(a)(ia) of the Income Tax Act.

Provision for retirement benefit based on service weightage not allowable

April 12, 2014 4242 Views 0 comment Print

As far as the expression ‘gratuity’ is concerned, there is no definition of what ‘gratuity’ is, even under the Payment of Gratuity Act; yet, a monetary relief to an employee at the time of his retirement or termination of service is treated as ‘gratuity’.

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