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Jama kharchi, structure of converting black money – demolished by ITAT

August 9, 2015 9654 Views 0 comment Print

Jama kharchi is all about converting black money to white. Jama kharchi companies ‘accommodate’ accounting entries that help both the companies and give 2-4% commission to the go-between.

Indian Financial Code, 2015 – what is this new buzz !!!

July 28, 2015 874 Views 0 comment Print

a) Vide a press release dated 23-July-2015[1], the Ministry of Finance has put the revised (so when did the original came, can’t remember ? even I did not) draft of the bill i.e. proposed the Indian Financial Code, 2015 into public domain for comments / suggestions. Before we understand the basics, let’s put in context […]

Regarding unfettered power of reassessment u/s 147- Now IT Dept & Assessee are 3 each

July 22, 2015 4903 Views 0 comment Print

1. Recently, Karnataka High Court on 1-Jul-2015 in the case of Sri N Govindaraju v ITO in ITA/504/2013 held that, an AO has the AO has unfettered power of re-to assessment u/s 147 i.e. not limited to issue mentioned in notice u/s 148. 2. Till that date, the views of the high courts were divided […]

Validity of Section 234E Fees of Rs. 200 per day for delay prior to 01st June 2015

July 17, 2015 54697 Views 17 comments Print

In other words, before 01.06.2015, the assessing authority could pass a separate order under Section 234E levying fee for delay in filing the statement under Section 200(3) of the Act. However, after 01.06.2015, the assessing authority is well within his limit to levy fee under Section 234E of the Act even while processing the statement under Section 200A and making adjustment.

Basics of the Black Money Law

June 25, 2015 3838 Views 0 comment Print

Background-: a)     Like any other country, India has a sovereign right to levy tax on income in terms of aspect / nexus theory with India. b)     It has been codified by the Income Tax Act, 1961 [1 of 1961] and to be specific, section 4, 5, 6 and 9 of the Act. c)      It is […]

Satyam Case-: an eye opener

June 23, 2015 6084 Views 0 comment Print

We have been taught that an audit conducted with a view to give an opinion about the truthful and fairness of financial statements, it does not include the objective to find out frauds / errors. Though the principle has remained constant, the expectations thereof have gone a sea change.

Will Tax Residency Certificate [TRC] be sufficient ? May not be?

June 21, 2015 19275 Views 0 comment Print

Author in this articles discusses recent decision of ITAT – Ahmedabad holding that: 1. an eligible assessee cannot be declined the Treaty protection under section 90(2) of the Income Tax Act, 1961 [the Act] on the ground that the said assessee has not been able to furnish a Tax Residency Certificate [TRC] in the prescribed form as required by the section 90(4).

Taxation of capital gains in case of shares, securities, mutual funds units etc. for FY 2014-15

June 19, 2015 42779 Views 0 comment Print

Background-: 1. This is in relation to FY 2014-15. One may be aware that, there is a change in the law relating to taxation of Capital arising out of sale of soft assets like shares. Securities, mutual funds etc. Audience-: 2. Especially for those who handle their investment portfolio and tax matters themselves and visit […]

This summer, Pune favours Assessees and Bangalore favours Revenue

June 8, 2015 2029 Views 0 comment Print

Bangalore ITAT, A Bench has in the case of IBM India Private Ltd., v ITO (TDS) held that Tax deduction at source / Tax collection at source [TAS] Provisions are attracted even if the provision is made in the books of account to measure the economic performance of the entity irrespective of whether the exact amount and the payee is determined or not.

Can ICDS override the express decisions of various courts

May 27, 2015 2341 Views 0 comment Print

Background-: 1. I am sure, you would be aware of the Income Computation and Disclosure Standard. This article is about the applicability of the ICDS. Issue-: 2. Can ICDS override the express decisions of honourable Supreme court and various high courts when there is no change in the basic ACT which defines meaning of income etc. […]

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