Month: December 2013

National Company Law Tribunal Invites Applications For Members

The Ministry of Company Affairs has issued letters dated 10.12.2013 inviting applications for the post of Judicial Member and Technical Member in the National Company Law Tribunal. There are 19 vacancies for the post of Judicial Member and 14 for the post of Technical Member

CBDT Promotes Assistant Commissioners To Post of Deputy Commissioners

Vide Notification No. 11 of 2013 dated 31.12.2013 the CBDT has appointed 81 Assistant Commissioners of Income-tax (Junior Scale) to officiate as Deputy Commissioners of Income-tax (Senior Time Scale) In the Pay Scale of Rs. 15,600-39,000/- (Plus Grade Pay of Rs. 6,600/- In Pay Band-3) with effect from the date(s) indicated against their name

Transfer Pricing: CBDT Issues Important Directives On Safe Harbour Rules

Pursuant to the Safe Harbour Rules in Rules 10TA to 10TG, the CBDT has issued a letter dated 20.12.2013 in which it has laid down important directives and clarifications on the manner in which the Safe Harbour Rules are meant to be implemented

Law Ministry Takes Stern View Of Defective Filings By Professionals

The Ministry has asked professionals to ensure that the filing of all forms is defect free and in accordance with the provisions of the Companies Act, 1956 and Rules/ Regulations/ guidelines/ Circulars, as applicable

List Of Closed And Restricted Holidays For The ITAT In 2014

The Assistant Registrar of the Tribunal has released a list of closed and restricted holidays for the Tribunal

S. 143(1): CBDT Relaxes Time Period For Issue Of Refund Intimations

The CBDT has issued Instruction No. 18/2013 dated 17.12.2013 stating that there are several instances where due to technical or other reasons the intimation in refund cases could not be sent to the assessees within the time limit prescribed in the second proviso to s. 143(1) of the Act. To alleviate the grievance caused to the assessee, the CBDT has exercised its powers u/s 119(2)(a) of the Act to extend the time frame prescribed in the second proviso to s. 143(1) and directed the AOs to grant the refund subject to conditions

S. 40(a)(ia) TDS Disallowance: CBDT Issues Circular To Clarify Stand

The CBDT has issued a Circular No. 10/DV/2013 dated 15.12.2013 in which it has analyzed the controversy created by recent judgements on the question whether the term “payable” in s. 40(a)(ia) includes the amounts that have already been paid during the year or it refers only to the amounts outstanding as at the year end. It is noted that while the Special Bench of the Tribunal in Merilyn Shipping 136 ITD 23 (SB) and the Allahabad High Court in Vector Shipping has taken the view that the disallowance in s. 40(a)(ia) does not apply to amounts that are already paid, a contrary view has been taken by the Calcutta High Court in Crescent Export Syndicate/ Md. Jakir Hossain Mondal and the Gujarat High Court in Sikandarkhan Tunvar

CAG Exposes Defects In Law And Procedure Of Taxation Of Charitable Trusts

The Comptroller and Auditor General of India (“CAG”) has issued a hard-hitting report in which it has conducted a detailed study of the law and procedure relating to charitable trusts and identified all the short-comings therein

S. 10A/10AA/10B: CBDT Takes Stern View On Non-Compliance By AO Of Circular

The CBDT has issued Instruction No. 17/2013 (F.No.178/84/2012-ITA.I) dated 19.11.2013 in which it has noted that the Assessing Officers are not following the clarifications given in Circular No. 01/2013, dated 17.1.2013. In the said Circular, the CBDT has clarified various contentious issues relating to export of computer software and claim of deduction under sections 10A, 10AA and 10B of the Income-tax Act, 1961. In a stern tone, the CBDT has “advised” the Assessing Officers to follow the contents of Circular in letter and spirit and not to take a divergent view. It has also directed the Assessing Officers not to file further appeals in cases where orders were passed prior to the issue of the Circular

Promotion Of Commissioners To Chief Commissioners Of Income-tax + Transfers

Vide Order No. 237 of 2013 dated 16.12.2013 the CBDT has promoted 32 officers in the grade of Commissioner/Director of Income-tax to the grade of Chief Commissioner of Income-tax (CCIT) in the Pay Scale of Rs. 67,000- 79,000/- with effect

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