Monthly Archives: October 2016

MCA to withdraw old incorporation Form INC-29 from November 1, 2016

By | October 13, 2016

MCA to withdraw e-Form INC-29 (Integrated Incorporation Form) with effect from November 1, 2016. Accordingly, INC-29 will no longer be available on the MCA21 portal and stakeholders will not be able to file any previously downloaded versions with effect from November 1, 2016. Stakeholders are requested to plan accordingly and use SPICe (Simplified Proforma for… Read More »

License fee for liquor vending would not fall within section 43B

By | October 13, 2016

IN THE ITAT BANGALORE BENCH ‘C’ Elite Enterprises v. Income-tax Officer, Ward 1, Puttur VIJAY PAL RAO, JUDICIAL MEMBER AND INTURI RAMA RAO, ACCOUNTANT MEMBER IT APPEAL NO. 1738 (BANG.) OF 2013 [ASSESSMENT YEAR 2007-08] AUGUST  26, 2016 Balram R. Rao, Adv. for the Appellant. Sunil Kumar Agarwal, JCIT (DR) for the Respondent. ORDER Vijay… Read More »

Computerized machines are not Computers, 60 % Depreciation not allowed

By | October 13, 2016

Held Increasingly organizations are moving towards computerized integrated manufacturing, where more and more computers, robots, and microprocessors are used in conjunction with the machines. But the machines cannot be called as computers even though computer is an integral and dedicated part of the whole machine. That computer in the machine cannot be used for any… Read More »

Draft rules for application for corporate insolvency resolution process released

By | October 13, 2016

DRAFT FOR PUBLIC COMMENTS  INSOLVENCY AND BANKRUPTCY (APPLICATION TO ADJUDICATING AUTHORITY) RULES, 2016 In exercise of the powers conferred under sub-section (2) of section 7, sub-section (1) of section 8, sub-section (2) of section 9, sub-section (2) of section 10, sub-sections (1) and (2) of section 239 of the Insolvency and Bankruptcy Code, 2016 (31… Read More »

Treatment of interest paid on partner’s capital when used for Tax free Income

By | October 13, 2016

Treatment of interest paid on partner’s capital The Pune Bench of the Income-tax Appellate Tribunal held that interest paid with respect to a partner’s capital is not an “expenditure” but is an amount in the nature of a deduction under section 40(b) of the Income-tax Act, 1961. The case also involved an investment in mutual… Read More »

Analysis of Revised ICDS -income computation and disclosure standards

By | October 13, 2016

Revised income computation and disclosure standards (ICDS): The Ministry of Finance issued a revised ICDS, as a new framework for computation of taxable income in relation to income under the headings “Profit and gains of business or profession” and “Income from other sources.” Application of the new ICDS has been deferred by one year, and… Read More »

Royalty or Business Profits? Closer look at Australia/India Treaty

By | October 13, 2016

11 October 2016 Jenny Wong analyses a recent Federal Court decision regarding Australia’s rights to tax payments to an Indian company in Australia. The Full Court handed down its decision for Tech Mahindra Limited v Commissioner of Taxation [2016] FCAFC 130 (22 September 2016). The case concerns the Australia and India Treaty and whether Australia… Read More »