Posts by rpaadminuser
Escrow Money under SPA can’t be attached for Company’s tax dues – Delhi HC
Part share sale consideration kept with Bank as ‘Escrow’ under Share Purchase Agreement (SPA), cannot be demanded by AO towards tax liabilities of the Company whose shares are transferred; A company is independent entity completely distinct from its shareholders; Neither SPA nor Escrow Agreement provides for any contingency which would enable company whose shares are…
Read MoreIT Dept sends letters to another 35,000 non-filers
IT Dept sends letters to another 35,000 non-filers.
Read MoreSC sets aside Gujarat HC wherein notice u/s 153C was originally quashed
Assessee must exhaust alternate remedy before filing writ petition; Gujarat HC wrong to have entertained writ petition of assessee at initial stage of issuance of show cause notice; Sets aside Gujarat HC order quashing the show cause notices, directs assessee to file reply to notice; Assessee to exhaust all available remedies under Income Tax Act…
Read MoreRBI directs Banks : Accept EMI chqs only where ECS facility not available
Banks have been directed by the Reserve Bank of India to not accept any fresh post-dated equated monthly instalment (EMI) cheques at locations where the facility of electronic clearing service/Regional Electronic Clearing Service is available. Source, The Hindu – 26.07.2013. To read full news AcceptEMIChequesonlywhereECSna
Read MoreAllahabad HC puts life back into SB Judgement in Merilyn Shipping
The Hon’ble Allahabad HC in the case of CIT vs. Vector Shipping Services P. Ltd. decided on 09.07.2013 has laid down as under : “It is to be noted that for disallowing expenses from business and profession on the ground that TDS has not been deducted, the amount should be payable and not which has…
Read MoreCBDT releases circular on method of computation u/s 10A, 10B
CBDT releases ‘Departmental View’ on the stage of set-off of losses and computation of tax deduction applicable to STP, EOU, SEZ units; Deductions u/s 10A/10B/10AA are available from ‘total income’; Income & loss from eligible & ineligible units to be first adjusted against each other; Deductions u/s 10A/10B/10AA and under Chapter VI-A available on the…
Read MoreCertificate as ITP issued by CIT, mandatory to practice before Revenue authorities and ITAT
Certificate of registration as “Income Tax Practitioner” (ITP) issued by CIT, mandatory to practice before Revenue authorities and ITAT; Mere possession of educational qualification or passing prescribed exams not sufficient; Without certificate of registration from CIT, person not authorised to appear before Revenue and ITAT; Filing of combined power of attorney by advocate and ITP,…
Read MoreMadras HC holds Sec 292B cant cure irregularity committed by revenue
Block assessment u/s 158BC not valid in case of consequential search on assessee based on material found in search of another person; Provisions of Sec. 158BD applicable in such case; Revenue not permitted to follow time limit applicable to assessment u/s 158BD in respect of assessment made u/s 158BC; Sec. 292B cannot cure every irregularity,…
Read MoreKerala HC holds Service Tax on AC Bar Restaurants & Hotels as Unconstitutional
The constitutional validity of the aforesaid amendment as made by the Finance Act, 2011 was challenged before the Hon’ble Kerala High Court by “the Kerala Classified Hotels and Resorts Association” vide WP(C) 14045 of 2011 and other Hotels and Restaurants contending that the aforesaid levy by the Central Government deviates form the subject matter falling…
Read MoreDelhi HC holds derivative loss as speculative
Loss from trading of derivatives in shares held as ‘deemed speculative’; When underlying asset (i.e. shares) is covered by Sec 73 explanation, derivatives deriving its values from shares falls within the Explanation to Sec 73(4); Overrules ITAT ruling; Exclusion of derivatives from definition of speculative transactions u/s 43 limited to computation of business income; It…
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