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July 7, 2021 / Company Law Compliances

CORPORATE AND PROFESSIONAL UPDATE April 15, 2016

CORPORATE AND PROFESSIONAL UPDATE April15, 2016 DIRECT TAX: Income Tax: Once the expenditure is found to be allowable as revenue expenditure as per provisions of the Income Tax Act, 1961 (‘Act’), the same is to be allowed as revenue expenditure under the Act while computing income chargeable to tax even if the taxpayer capitalizes such an …

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July 7, 2021 / Company Law Compliances

CORPORATE AND PROFESSIONAL UPDATE April 14, 2016

CORPORATE AND PROFESSIONAL UPDATE April 14, 2016 DIRECT TAX: Income Tax: Refundable amount utilized by the Department hence interest was payable under Section 244(1A) –M/S. Jyotsna Holdings (P) Ltd. CIT, Delhi-II (2016 (4) TMI 390 – Supreme Court) Income Tax:  Exemption u/s 10(37) allowed on compensation received from the Surat Municipal Corporation for acquisition of lands -Dipak Kalidas Pauwala …

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July 7, 2021 / Company Law Compliances

CORPORATE AND PROFESSIONAL UPDATE April 13, 2016

CORPORATE AND PROFESSIONAL UPDATE April 13, 2016
www.caindelhiindia.com; Corporate updates
www.caindelhiindia.com; Corporate updates

DIRECT TAX:

  • Income Tax: Refundable amount utilized by the Department hence interest was payable under Section 244(1A) –M/S. Jyotsna Holdings (P) Ltd. CIT, Delhi-II (2016 (4) TMI 390 – Supreme Court)
  • Income Tax:  Penalty u/s 271D – cash transactions of the assessee with the directors and share holders of the company due to business expediency. Nobody has doubted the genuineness of the transactions – No Penalty -M/s Chawla Chemtech Pvt. Ltd. Vs. CIT, Gobindgarh (2016 (4) TMI 378 – ITAT Chandigarh)
  • Income Tax:  Depreciation carried forward and set off against the profits and gains of subsequent years without any limit whatsoever allowed –K. Lakshmi Cement Ltd. Vs. CIT (2016 (4) TMI 376 – ITAT Kolkata)

INDIRECT TAX:

  • Service Tax: Date for deposit of Service tax by cheque – VCES Scheme 2013 – With the cheque having been realized the date on which the service tax should be taken to have been paid is deemed to be the date of presentation of the said cheque in terms of Rule 6(2A) of the ST Rules -Disha Securities & Manpower Pvt. Ltd. Vs. ACST(2016 (4) TMI 374 – Delhi High Court)
  • EXCISE : As long as an assessee had manufactured goods, mere fact that he used trade or brand name of another individual, would not disentitle him from exemption – [2016] 68 Taxmann 7 (Andhra Pradesh)
  • VAT : Period of limitation – Invokation of Section 61(1) of the Bombay Sales Tax Act 1959 – an order of court cannot override the legal provision which is specific in nature – period of limitation statutorily prescribed cannot be waived -Raskamal Food & Fruit Pvt. Ltd. Vs. CST, State of Maharashtra (2016 (4) TMI 319 – Bombay High Court)

“Do not ever run away from problems, turn back and face it. Problem will run away. If you run, it is for sure that you will be bitten by problems.”

We look forward for your valuable comments.  www.caindelhiindia.com (more…)

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July 10, 2021 / GST

CORPORATE AND PROFESSIONAL UPDATE APRIL 12, 2016

CORPORATE AND PROFESSIONAL UPDATE APRIL 12, 2016 DIRECT TAX: Income Tax: Exemption u/s 54 on unregistered property purchased from son of the assessee allowed – transferee gets the right over the property and has become the owner of the property therefore for the purpose of deduction U/s 54 read with Section 2(47)(V) of the Act the …

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July 10, 2021 / GST

CORPORATE AND PROFESSIONAL UPDATE APRIL 8, 2016

CORPORATE AND PROFESSIONAL UPDATE APRIL 8, 2016 DIRECT TAX: Income Tax: Treatment of agricultural income – as seen from the documents placed in the paper-book, these are not lease rentals received from the agricultural lands, but sale proceeds, which are stated to have been transferred from the place of agricultural lands to the assessee through clerk …

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July 10, 2021 / GST

CORPORATE AND PROFESSIONAL UPDATE APRIL 7, 2016

CORPORATE AND PROFESSIONAL UPDATE APRIL 7, 2016 DIRECT TAX: Income Tax: Where action of assessee-company to make advances to group companies at a lower rate of interest than interest rate at which assessee-company borrowed such funds, was not shown to be in any manner actuated by business expediency, disallowance of differential interest was justified – [2016] 67 …

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July 14, 2021 / GST

CORPORATE AND PROFESSIONAL UPDATE APRIL 6, 2016

CORPORATE AND PROFESSIONAL UPDATE APRIL 6, 2016 DIRECT TAX: Income Tax: Addition u/s 68 – creditor from the foreign country – Even the AO has also not disputed the identity source and genuineness of share capital. We are also of the view that it is unnecessary burden upon the assessee by pressuring it to bring the …

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July 14, 2021 / GST

CORPORATE AND PROFESSIONAL UPDATE APRIL 5, 2016

CORPORATE AND PROFESSIONAL UPDATE APRIL 5, 2016 DIRECT TAX: Income Tax: Revision u/s 263 – denial of benefit U/s 11 and 12 and not allowing depreciation -AO has formed one of the view but the ld CIT(Exemption) has formed another view on same facts and circumstances, therefore, change of opinion is not permissible under the …

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April 22, 2024 / INCOME TAX

CORPORATE AND PROFESSIONAL UPDATE APRIL 4, 2016

CORPORATE AND PROFESSIONAL UPDATE APRIL 4, 2016 DIRECT TAX: Income Tax : Security deposit collected from its members refundable – whether receipts does not partake the character of income? – Held No- (Gulmohar Greens Golf and Country Club Ltd. Versus DCIT, Circle-2 (1) (1) , Ahmedabad – 2016 (3) TMI 1065 – ITAT AHMEDABAD). Income Tax: Exemption u/s …

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October 13, 2020 / INCOME TAX

CORPORATE AND PROFESSIONAL UPDATE APRIL 2, 2016

CORPORATE AND PROFESSIONAL UPDATE APRIL 2, 2016 DIRECT TAX: Income Tax ; Tax Dept notifies new ITRs : People with an income of more than Rs. 50 lakh per annum and having the pleasure of owning a yacht, aircraft or valuable jewellery will now have to disclose these costly assets with the I-T department notifying a new …

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