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Books of Accounts cannot be rejeced on mere fall in G.P Ratio

September 11, 2014 2175 Views 0 comment Print

We have found that the G.P. rate in this year has been on lower side. However, the decrease in G.P. rate stands explained by the undeniable reasons that there is heavy increase in purchase price, freight cost and export cost.

Purchases cannot be treated as bogus for none traceability of suppliers

September 10, 2014 9398 Views 0 comment Print

The question pertains to the purchases made by the assessee-respondent. On account of unverifiable purchases, the Assessing Officer made additions to the tune of Rs. 1.27 crores. He was of the opinion that none of the parties could be located and therefore, such purchases were held to be bogus.

CA held guilty of professional misconduct for filing bogus form with ROC

September 10, 2014 8798 Views 0 comment Print

that the Economic Offences Wing of the Delhi Police, on the complaint of the complainant company had found that Sh. Sanjay Daksha, Sh. Sofi-ur­rehman, Sh. Binod Rajhans did not figure in the complainant company records before 8th March, 2004

Section 69- Addition for cash deposited in bank after long period of withdrawal not justified

September 10, 2014 13520 Views 0 comment Print

AO, in his remand report could not bring out any fact that the cash withdrawn from Saving Bank Account and partnership overdraft account was used for other purpose anywhere else then, merely because there was a time gap between withdrawal of cash and its further deposit to the bank account, the amount can not be treated as income from undisclosed sources u/s 69 of the Act in the hands of the assessee.

Mere Change in Allotted flat without determining any consideration is not transfer

September 10, 2014 2729 Views 0 comment Print

Merely change in the flat without determining any consideration for the old flat cancelled and new flat transferred, it cannot be said that the old flat was sold and new flat was purchased on the date of change.

Service provider can avail Cenvat credit on input services prior to Service tax registration

September 10, 2014 15034 Views 0 comment Print

The Hon’ble CESTAT, Delhi also relied upon the decision in the Metric Solution case and held that Cenvat credit in respect of inputs/ input services received by an output service provider during the period prior to his obtaining Service tax registration is admissible and denial of Cenvat credit on this ground is not correct.

Provisions related to Internal Audit under Companies Act 2013

September 10, 2014 5132 Views 0 comment Print

Section 138 of the Act provides that such class or classes of companies as may be prescribed shall be required to appoint an internal auditor. Such internal auditor shall be appointed by the board and may be a chartered accountant or cost accountant or or such other professional as may be decided by the board.

Resolutions required to be Filed Under Companies Act,2013 in form MGT 14

September 9, 2014 94888 Views 0 comment Print

CA Nitesh More Section-117  of the Companies Act, 2013, a copy of every resolution or any agreement, in respect of matters specified in sub-section (3) together with the explanatory statement under section 102 , if any, annexed to the notice calling the meeting in which the resolution is proposed, shall be filed with the Registrar […]

True and Fair view, Is it mandatory under Companies Act, 2013?

September 8, 2014 17673 Views 0 comment Print

Companies Act 2013 is being looked upon as a harsh, draconian legislation which offers a crown of thorns in the form of penalties and a spell in hell in the form of imprisonment for both the officers and auditors of companies alike. Here what is being attempted is to project an ambiguity relating to the Auditors opinion & True and Fair view .

Ganpati Bappa, Take Away Old Complicated Laws & Come With New Simple Laws Next Year

September 8, 2014 4331 Views 0 comment Print

Ganesha is worshipped everywhere with joy for ten days but Ganesha should be prayed whole year, as it leads to worship of Knowledge. Taxpayer should constantly gain and update his knowledge. Let’s expect following changes may come in next financial year 1) Income Tax Act 1961 should be replaced with the Direct Tax Code and taxpayer should be released from the burden of tax compliance to large extend. 2) VAT, Service Tax, Excise, etc indirect tax should be substituted with Goods and Service Tax, so that taxpayer is not required to follow various tax laws.

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