Excise & Customs : Against order of Commissioner passed under section 110A for provisional release of goods, appeal would lie before Tribunal under section 129A
Thursday 14 January 2016
MCA issues FAQs on CSR
COMPANIES ACT, 2013 : Section 135 Of The Companies Act, 2013 – Corporate Social Responsibility – Frequently Asked Questions (Faqs) On Corporate Social Responsibility
HC denied to condone delay in filing appeal as assessee offered different reasons of delay at every
Service Tax : Where assessee has been taking different stands (reasons of delay) at every stage of appeal, it is clear that assessee's explanations are afterthought and therefore, delay cannot be condoned
HC denied to condone delay in filing appeal as assessee offered differed reasons of delay at every s
Service Tax : Where assessee has been taking different stands (reasons of delay) at every stage of appeal, it is clear that assessee's explanations are afterthought and therefore, delay cannot be condoned
New Juvenile Justice Act comes into force from Jan 15, 2016
CORPORATE LAWS/INDIAN ACTS & RULES : Section 1 Of The Juvenile Justice (Care And Protection Of Children) Act, 2015 – Act – Enforcement Of – Notified Date On Which Said Act Shall Come Into Force.
Cost of used asset couldn't be taken as Nil if cost wasn't enhanced to reduce tax liability
IT : Explanation 3 to section 43(1) could not be applied in respect of acquisition of secondhand plant and machinery by assessee from its sister concerns where firstly, Assessing Officer could not discharge its onus that main objective of transfer of assets was reduction of tax liability and secondly revenue did not discharge its obligation to determine fair value of assets and replace it with cost of acquisition of assessee
Exp. on foreign travel of directors disallowed as company had no business in such locations
IT/ILT: Where a comparable had been used in subsequent assessment year for determining ALP, matter was to be remanded to TPO to consider applicability of said comparable to determine ALP in respect of subject assessment year
Time-limit to apply for refund under sec. 11B doesn't apply when service tax deposited mistakenly
Service-tax: 'Mistaken payment' of service tax in excess of actually payable amount amounts to 'deposit' and time-limit of section 11B would not apply to refund thereof
ITAT affirms sanctity of CA certificate; denies to impose penalty for TDS default relying upon such
IT/ILT: Where view adopted by assessee based upon certificate of CA that engineering services availed by it were not technical services, was one of possible views, there was reasonable cause as envisaged under section 273B for not deducting tax at source by assessee and, thus, penalty under section 271C was not to be imposed
No interest on belated refund even if it was wrongly credited by dept. to consumer Welfare Fund
Excise & Customs: If refund is sanctioned on 2-6-2008 by credit to Consumer Welfare fund but, subsequently on order of Tribunal, it is paid to assessee on 10-3-2010, then, interest on belated refunds is payable only upto date of sanction viz. 2-6-2008
Agency and distribution services provided to AE had to be benchmarked separately as both are functio
IT/ILT : Since agency and distribution services rendered by assessee to its AE were functionally different and even risk assumed in both services were different, benchmarking of these functions was to be done separately for determining ALP
Revised application of rebate wasn't time-barred if original one was timely filed though in incorrec
Excise & Customs: Where assessee had exported goods so manufactured by it after payment of duty and filed rebate applications in incorrect format, which were returned by Adjudicating Authority and thereupon assessee represented rebate applications in correct format, these applications would relate back to original date of filing of rebate applications
Trading in derivate can't be held as speculative if co. has only income from other sources
IT : Where assessee during year earned dividend income and interest income and it claimed set off of loss arising out of trading in Futures and Options/derivatives against other income, assessee's case would fall within purview of exception carved out in Explanation to section 73 and, therefore, it was entitled to set off of loss against other income
Share application money can't be questioned just because some investors were having common address
IT: Mere fact that some of investors in share capital of assessee-company had a common address was not a valid basis to doubt their identity or genuineness, nor fact that shares of assessee were subsequently sold at a reduced price was germane to question of genuineness of investment in share capital of assessee
Subscribe to:
Posts (Atom)