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Judiciary

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

September 10, 2014 9182 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 14234 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AO, in his remand report could not bring out any fact that the cash withdrawn from Saving Bank Account and partnership overdraft account was used for other purpose anywhere else then, merely because there was a time gap between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 3125 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.

For indexation, date should be reckoned from the date from which original owner held property

September 7, 2014 2133 Views 0 comment Print

The brief facts of the case are that the assessee had sold her immovable property being residential flat No.101, 1st floor, Hill Queen, Pali Malla Road, Bandra, Mumbai for Rs. 1,55,00,000/- on 30.08.2006 and after indexation Long Term Capitasl Gains( LTCG) of Rs.1,26,20,624/- were determined.

Severe fall in standards of CA profession – ITAT

September 6, 2014 14849 Views 0 comment Print

ITAT held in its order that ICAI CPE programmes might have failed to achieve the desired objectives with some of the Chartered Accountants. It further said that it is hightime that the ICAI should take note of these practicalities and should take corrective steps in order to maintain/restore the high standards and quality expected from a C.A. professional.

Can High Court Interfere with discretion of Settlement Commission?

September 6, 2014 2476 Views 0 comment Print

Reliance in this regard can be placed on the decision of Hon’ble Allahabad High Court in case of M/s Vinay Wire and Poly Product Private Limited Vs. DGCEx [Writ Tax No. 283 of 2014] wherein the appellant has challenged the order of Hon’ble Settlement Commission passed u/s 32E of CEA, 1944.

Reference u/s 142A is exclusive prerogative of AO

September 5, 2014 2386 Views 0 comment Print

Hon’ble Hyderabad ITAT has in the case of Dr. G. Premalatha v/s DCIT has categorically held that the CIT(A) had no jurisdiction in appeal proceedings to call for a valuation report, which is the exclusive prerogative of the AO.

No TDS on Reimbursement of Leased Line Expense to Parent Company

September 2, 2014 1008 Views 0 comment Print

ITAT Chennai ruling on reimbursement of communication expenses to foreign company and managing sales affairs outside India by International Flavours & Fragrances.

Deferred tax can neither be taxed U/s. 41(1) nor U/s. 28(4) of Income Tax

September 2, 2014 4203 Views 0 comment Print

CIT Vs. M/S Mcdowell & Co Ltd Now Known As United Spirits Ltd (Karnataka High Court) In the instant case, as per the scheme he was allowed to retain the sales tax as determined by the competent authority and pay the same 15 years thereafter. The tax collected was deemed to have been paid and, […]

No penalty for mere reason that claims made under bonafide belief are found unsustainable in law

September 2, 2014 1957 Views 0 comment Print

The Gujarat Value Added Tax Tribunal in the case of Star Industries v/s The State of Gujarat (Second Appeal No. 347 of 2013 decided on 02.09.2014) has, in the context of penalty u/s 45(2)(c) of the Gujarat Sales Tax Act, 1969, held that where only under bonafide belief the appellant had failed to pay purchase tax u/s 15B on the transactions of branch transfer

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