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S. 194H TDS not applicable on Charges for use of Swipe Machine paid to banks

December 17, 2014 22491 Views 0 comment Print

Assessee was engaged in the business of trading in readymade garments. A letter was received from the Assessing Officer, TDS Circle Mumbai that the respondent-assessee had paid 3commission’ to HDFC on payments received from customers who had made purchases through credit cards.

Construction Business- In absence of Books 8% Net Profit held reasonable in Tax Audit case

December 16, 2014 8340 Views 0 comment Print

In the case in hand, the appellate authorities have not applied Section 44AD as such. Difficulty arose as they had to estimate reasonable rate of net profit. In the absence of any data and details, they applied the net profit rate as mentioned in Section 44AD.

Levy of service tax on advocates is Constitutional – Bombay HC

December 15, 2014 7148 Views 0 comment Print

It was claimed by the Petitioner P. C. Joshi who is an advocate by profession that section 65(105) (zzzzm) of the Finance Act, 1994 as inserted by the Finance Act 2009 and substituted by Finance Act 2011, proceeds to levy Service Tax on the Advocates.

Sec 2(22)e is not attracted on Security deposit made in normal course of business

December 10, 2014 3112 Views 0 comment Print

In Commissioner of Income Tax vs. Creative Dyeing and Printing Pvt. Ltd., 318 ITR 476, an advance was given to the said assessee by the sister concern, which held 50% of the share holding in the assessee concern for mordenisation project.

Income Tax Return & other details exempt from RTI – Delhi HC

December 4, 2014 2057 Views 0 comment Print

The assessment proceedings are not public proceedings where all and sundry are allowed to participate and add their opinion to the proceedings. Merely because a spirited citizen wishes to assist in assessment proceedings, the same cannot be stated to be in larger public interest.

HC quashes disciplinary proceeding against CA by ICAI for Inexcusable Delay

December 2, 2014 6550 Views 0 comment Print

In this case ICAI has started the Disciplinary proceeding against a CA . It was alleged that he has got published an advertisement in ‘Accountancy Journal’ published by the Institute of Chartered Accountants of England and Wales, in United Kingdom to solicit any business

HC imposes exemplary cost of Rs. 1 lakh on department for ‘gross abuse of process of Court’

December 1, 2014 1249 Views 0 comment Print

It is unfortunate that the Revenue insists in arguing Appeals in this manner and for subsequent Assessment Years. The Revenue ought to have been fair and brought to the notice of this Court the fact that its Appeal challenging the very findings and conclusions for prior Assessment Years has been dismissed by this Court on merits.

Can SEZ unit claim exemption from CVD when cleared to DTA based on an Exemption Notification

November 28, 2014 2378 Views 0 comment Print

Can SEZ unit claim exemption from CVD when cleared to DTA based on an Exemption Notification issued under Section 5A of CEA’1944 although when there is specific bar under Section 5A for SEZ units?

Whether security provided by government from terrorists liable to SERVICE TAX?

November 20, 2014 3649 Views 0 comment Print

Mcleod Russel (India) Limited having its registered office at 4, Mangoe Lane, Kolkata has tea plantations in the state of Assam and the area is highly volatile and acts of vandalism being carried out by terrorists.

Section 28 – Loss incidental to illegal business is allowable

November 20, 2014 4629 Views 0 comment Print

On Appeal Honourable high court has held that in view of the decision of the Hon’ble Apex Court in the case of Dr. T.A. Quereshi Vs. Commissioner of Income-tax, Bhopal reported in 287 Income Tax Reports 547, the loss which was incurred during the course of business even if the same is illegal is required to be compensated and for the loss suffered by the assessee.

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