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All about Form AOC 5 – Companies Act 2013

January 17, 2015 67582 Views 19 comments Print

Form AOC-5: Notice of address at which books of account are maintained. eForm AOC-5 is required to be filed pursuant to Section 128 of the Companies Act, 2013 and the same is available for filing w.e.f. January 17, 2015. Section 128 is reproduced here for your reference :-

Disallowance u/s 40(a)(ia) for mere deduction of TDS under wrong section

January 17, 2015 3595 Views 0 comment Print

The provisions of section 40(a)(ia) of the Act has two limbs one is where, inter alia, assessee has to deduct tax and the second where after deducting tax, inter alia, the assessee has to pay into Government Account.

Procedure for Bonus issue of shares- Companies Act 2013

January 17, 2015 234957 Views 17 comments Print

Bonus shares are additional shares given to the current shareholders without any additional cost, based upon the number of shares that a shareholder owns. These are company’s accumulated earnings which are not given out in the form of dividends, but are converted into free shares.

Rent from Mobile antennae installed at terrace taxable as House Property Income

January 16, 2015 49311 Views 7 comments Print

Rent is for space to host the antennas and not for the antennas. As long as the rent is for the space, terrace and roof space in this case and which space is certainly a part of the building, the rent can only be taxed as ‘income from house property’.

How to Issue Preference Shares Under Companies Act,2013

January 14, 2015 224995 Views 24 comments Print

Procedure for Issue of Preference share is given under Section-62 of Companies Act, 2013. Issue of share can be in three modes: 1. Right Issue of Shares [Section- 62(1) (a)] 2. Preferential Allotment of Shares. [Section- 62(3) (c) and Section-42] 3. Private Placement of Shares. [Section-42)

No processing of returns for I-T refund if selected for Scrutiny

January 13, 2015 13989 Views 4 comments Print

Instruction No.1/2015 Clarification regarding applicability of section 143(1D) of the Income-tax Act, 1961- Vide Finance Act, 2012, section 143(1D) was introduced in income tax act which prohibited processing of income tax returns in case notice u/s 143(2) has been issued (i.e. scrutiny cases). Ambiguity arose as to whether the said sub-section applies to those cases as well wherein refunds have been applied in the returns, however the same has been issued notice for scrutiny assessment.

Date of Cheque presentation or Clearing for Calculation of Interest U/s 234?

January 13, 2015 7084 Views 0 comment Print

Whether under the facts and circumstances of the case, the Tribunal was right in holding that the date of presentation of cheque in the bank is to be reckoned as the date of payment of advance tax and not the date on which the cheque is cleared and entered in the receipt roll as required under Rule 20 of the Central Government Account (Receipts and Payments) Rules 1983

Additions based on mere AIR information not sustainable

January 12, 2015 4330 Views 0 comment Print

It has been held time and again by this Tribunal that the additions made solely on the basis of AIR information are not sustainable in the eyes of the If the assessee denies that he is in receipt of income from a particular source, it is for the AO to prove that the assessee has received income as the assessee cannot prove the negative.

Kite Fight of VAT Dealer and Department

January 12, 2015 5799 Views 0 comment Print

Krishna, this Year Makar Sankranti is on 15th January and also the last date of submission of Maharashtra VAT Audit Report. There is Happiness everywhere because of Makar Sankrati. Many are busy in flying kites and buying gift (Vaan). Accordingly, how interesting Kite fight between department and VAT dealer?

Section 54 places thrust on investment & not on completion

January 11, 2015 3614 Views 0 comment Print

Smt. Rajneet Sandhu vs. DCIT (2010) 133 TTJ 0064 (Chandigarh): In this case the construction of the house was not completed within the prescribed period. It was held that section 54F does not prescribe that the residential house should be completed within the prescribed period and benefit under s. 54F was allowed.

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