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Section 2(22)(e) not applies to a non-shareholder – HC

August 2, 2014 5701 Views 0 comment Print

What the section is designed to strike at is advance or loan to a shareholder and the word shareholder can mean only the registered shareholder. The Hon’ble Supreme Court following the judgment in the case of Commissioner of Income Tax v/s C. P. Sarathy reported in 1972 (83) ITR 170(SC) held that the beneficial owner of shares whose name does not appear in the register of the shareholders of the company cannot be said to be a shareholder though he may be beneficially entitled to the shares but he is not a shareholder.

TDS intimations cannot be in the form of Demand U/s. 156

July 31, 2014 5103 Views 0 comment Print

From a reading of the Centralised Processing of Statements of Tax Deducted at Source Scheme, 2013 it becomes clear that the Department has sought to achieve a comprehensive processing of statements filed under sub-section (3) of Section 200 of the Act, including rectification of a mistake in the said statement under Section-154 of the Act.

Solution to Problems in Registering DSC & signing ITR

July 31, 2014 448909 Views 67 comments Print

While Registering Digital Signature Certificate , Uploading of XML File and Signing of XML file on Income Tax E-filing websites we faces various problems. In this article we have listed out such problems which are mainly related to use of digital signature while registering and while signing the ITR.

Solution to Problems in accessing income tax e-filing website

July 31, 2014 180232 Views 23 comments Print

Instant Solution to Problem- 1 Your Internet connection is working, other websites are opening properly but incometaxindiaefiling.gov.in not opening properly & Problem- 2 Internet service from ISP is not available or failing intermittently.

No disallowance U/s 14A if there is no exempt income

July 31, 2014 3835 Views 0 comment Print

Counsel for the assessee submits that assessee has not received any exempt income and in the absence of the assessee receiving any exempt income, there is no justification in deriving expenses attributable for earning income which is not received by the assessee.

Section 186- Loan and Investment by Company

July 30, 2014 10975 Views 3 comments Print

Investment by company: A company shall unless otherwise prescribed, make investment through not more than two layers of investment companies except – if ; (i) a company from acquires any other company incorporated in a country outside India if such other company has investment subsidiaries beyond two layers as per the laws of such country;

24 Key Changes in New / Revised Tax Audit Report Form 3CD

July 29, 2014 71417 Views 0 comment Print

CA Sandeep Kanoi CBDT has vide notification no. 33/2014 dated 25.07.2014 revised the format of  Tax Audit Report to be furnished under section 44AB of the Income tax Act with effect from 25.07.2014. We have compiled below the key amendments made to  the old Form 3CD:- 1. Particulars of registration under excise duty, service tax, […]

Mere Retracted statement cannot form the basis of reopening

July 29, 2014 1808 Views 0 comment Print

On careful consideration of above contention, we are of the view that there may be a substantive assessment without any protective assessment but there can not be any protective assessment/addition without a substantive assessment/addition, meaning thereby there has to be some substantive assessment/addition first which enables the AO to make a protective assessment/addition.

Budget 2014 – Synopsis of Indirect Tax Proposals

July 28, 2014 3081 Views 0 comment Print

Amendment impacting Negative List: (Changes to be effective from enactment of Finance Bill)- Exemption of Service tax on Advertisement now restricted only to print media, all others areas, not covered earlier, now subjected to service tax. Print Media to include Books and News Paper as defined under Press and Registration Books Act, 1867 but does not include business directories, yellow pages and trade catalogues primarily meant for commercial purposes

No disallowance of lawful expense for mere non-compliance with Company law provisions

July 27, 2014 3616 Views 0 comment Print

Assessee entered into transactions of payment of job work charges to a related party, viz., M/s Razormed Inc. during the financial year relevant to assessment year under consideration without obtaining prior approval of the Central Government in accordance with the provisions of section 297 of the Companies Act, 1956.

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