Tuesday, 1 July 2014

HC rejects assessee’s plea for sec. 12A registration as time-limit for filing registration request h

IT: Where time limit for considering application for registration under section 12A was already complete and matter having been considered by this Court in earlier judgment, writ petition filed by appellant was rightly dismissed


No reassessment to prune sec. 80-IA relief if AO’s proposal to re-compute relief was baseless

IT : Where recomputation proposal of section 80-IA was found to be baseless by virtue of binding decisions, no reassessment was to be allowed


Consultancy services availed of by assessee on merger of Co. was eligible for input service credit

Cenvat Credit : Management Consultancy Services availed by an assessee for merger of a company into it are eligible for input service credit


Multi-system operator and broadcaster aren’t competitors if they are operating cable TV service at d

Competition law : As Multi System Operators and broadcaster were at different levels of production or supply chain in market of cable T.V. services, they could not be said to be competing with each other, hence violation of section 4(2)(c) was not made out


ITAT upheld TP addition for notional interest relying on SBI base rate for delayed payments made by

IT/ILT : Where substantial amounts were due to assessee from its AEs as there were delays in receiving payments from AEs, DRP taking strength from safe harbour rule, rightly directed Assessing Officer/TPO that interest was to be computed on basis of SBI base rate as on 30 June of relevant previous year plus 150 basis point


MCA notifies cost audit rules; specifies 4 class of Cos for cost record maintenance, exempts SEZs fr

CL/INDIAN ACTS & RULES : Companies (Cost Records and Audit) Rules, 2014


RBI directs banks to comply with new requirement prescribed in Form 15CA/15CB while remitting money

IT/FEMA/ILT : Remittances to Non-Residents - Deduction of Tax at Source


SEBI asks financial institutions to register with US authorities by end of year to comply with US FA

SEBI : Registration of Inter-Governmental Agreement with USA under Foreign Accounts Tax Compliance Act


Cos must pass special resolution within 6 months of commencement of Rules to offer non-convertible d

COMPANIES ACT, 2013/INDIAN ACTS & RULES : Companies (Prospectus and Allotment of Securities) Amendment Rules, 2014 - Amendment in Rule 14


SAT rejects RIL appeal against SEBI's order in an insider trading case

CL : Inordinate delay on part of SEBI to give inspection of documents and thereafter disposing of consent application even before giving full inspection of documents was unjustified


Rent receipts of property not taxable in hands of Co. if shareholders are deemed owners of property

IT: Where assessee-company owned a landed property and it had constructed a commercial building on said land and later on it allotted specific portion of building to shareholders and thereafter it leased entire building to a tenant and distributed rental amount/monthly rent after deducting tax and maintenance to shareholders proportionately, in given situation shareholders were owners of specific portion of building allotted to them and it could not be said that assessee deemed to have derived i


No disallowance of borrowing cost by AO on pretext of it being capital in nature if it was utilized

IT : Total preliminary expenses has to be apportioned and allowed in ten successive previous years


Interest on bleated refund would arise after disposal of claim of refund on merits

Excise & Customs : Refund claim can be validly made only after disposal of case on merits of refund claim and interest would arise only after making of such valid refund claim


No penalty on denial of sec. 10B relief due to late collection of export proceeds on client’s disapp

IT : Where accounts were duly audited and relevant report in Form 56G was furnished and payment was disclosed on receiving, there was no mala fide intention or element of concealment; penalty could not be levied


Cos get 2 more months to file statement of deposit with registrar under form DPT-4

COMPANIES ACT, 2013 : Section 74 of the Companies Act, 2013 - Repayment of Deposits, etc., Accepted before Commencement of This Act - Clarification on Filing of Form DPT4 under Companies Act, 2013


HC slams Check Post Officer for refusing release of seized goods even after payment of penalty by as

CST & VAT : Where assessee, a transporter, was carrying goods of a seller from Gujarat for being delivered to buyer in Madhya Pradesh in a tanker and Check Post Officer, Indore detained tanker alongwith goods and also imposed penalty upon assessee under section 57(8) of Madhya Pradesh Value Added Tax Act, 2002 and thereupon assessee paid penalty, once assessee had paid penalty, it was incumbent upon Check Post Officer under section 57(11) to have released goods seized


CLB: Inclusion of petitioner’s name in annual return of company proved his legitimacy as a sharehold

CL : Where Annual Return filed with ROC showed that shares were transferred in favour of a person and his name appeared as a shareholder, such a person would not be called upon for production of share transfer documents as these could only be available with company


Each co-owner is entitled to small service provider’s exemption in respect of their share of rent in

Service Tax : In case co-owners renting jointly owned property, where aggregate value of rent pertaining to each of them is below threshold exemption limit, they are, prima facie, not liable to service tax