Monthly Archives: October 2015

Non disclosure of cost formula used for inventory valuation is violation of AS-2

By | October 20, 2015

A leading construction company has disclosed its accounting policy regarding valuation of inventory as raw materials, work-in-progress and store & spares are valued at cost or net realisable value, whichever is lower. It has not disclosed cost formula used for valuation. Whether, the disclosure of accounting policy regarding valuation of inventory made by the company… Read More »

Reasons recorded to be supplied for income which escaped assessment

By | October 20, 2015

Whether it is absolutely necessary that reasons recorded for formation of belief that income of assessee has escaped assessment, are supplied to assessee so that he may be in position to question legality of re-assessment proceedings initiated on all available grounds ? Held, yes  Whether where Assessing Officer issued reassessment notice to assessee but reasons… Read More »

In case of fraud also recovery can not be made beyond 5 years of relevant date under section 11A

By | October 20, 2015

Period April, 2002 to January, 2003 Facts of the Case :- On ground of fraudulent procurement of inputs under bond without payment of duty claiming an Exemption Notification, Department issued notice dated 27-11-2009 . Issue :- Assessee argued that notice was time-barred, being beyond 5 years from relevant date  Tribunal held that department came to… Read More »

Assessee not deemed owner of Properties Clubbed under section 64(1A) which has been purchased from Independent Sources

By | October 20, 2015

  Facts of the Case ;- Assessee sold capital assets and invested a part of it in a new residential house and claimed exemption under section 54F . Issue : Commissioner disallowed same by holding that assessee owned more than one residential houses on date of transfer of original asset . Held Even if, incomes… Read More »

Payment to retiring partner above his capital is depreciable as goodwill

By | October 20, 2015

Facts of the  Case :- Assessee firm made payments to retiring partners over and above their capital in firm for acquiring commercial rights and disclosed as goodwill . Issue : Assessee claimed depreciation on said goodwill  Assessing Officer was of view that assessee was not eligible to claim depreciation of goodwill and accordingly disallowed claim… Read More »

Directors has to apply for quashing complaint in the Hight Court where FIR for fraud and cheating has been filed

By | October 19, 2015

Where allegations of cheating and fraud had been levelled against partners of company, regarding which FIR had been registered in Delhi, Delhi Court had summoned accused and Magistrate at Delhi had taken cognizance of matter, petitioners could not have approached a different High Court for quashing of complaint HIGH COURT OF PUNJAB AND HARYANA Rakesh… Read More »

Additional time granted for setting up of Central KYC records registry under Prevention of Money laundering Act

By | October 19, 2015

MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 11th September, 2015 G.S.R. 693(E).—In exercise of the powers conferred by sub-section (1) read with clauses (i), (j), (jj), (jjj) and (k) of sub-section (2) of section 73 of the Prevention of Money laundering Act, 2002 (15 of 2003), the Central Government makes the following… Read More »

Employee can file winding up of Employer Company for unpaid salary

By | October 19, 2015

Whether outstanding or unpaid salary/wages of workman/employee is a ‘debt‘ to be paid by company ? Held, yes Whether no provision of Companies Act excludes dues to be received by employee be it, in service or former employee, from character of a debt to be paid by company ? Held, yes Whether workman is a… Read More »

Deducation of section 10A is available for entire year even if STPI registration is obtained in last month of previous year

By | October 19, 2015

Facts of the Case :- Assessee was engaged in software development and export . Assessee was registered as STPI unit on 4-3-2000 . Assessee claimed deduction under section 10A . Issue : According to department, assessee was entitled to benefit of deduction under section 10A only in respect of profits earned after it had been… Read More »