Month: April 2016

Eligibility certificates for availing income tax benefits by startups. Government Constitutes an Inter-Ministerial Board to issue such certificates

MINISTRY OF COMMERCE AND INDUSTRY (DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION) NOTIFICATION  New Delhi, the 22nd April, 2016 G.S.R. 439(E).—The Government of India, vide Notification No. G.S.R. 180(E), dated 17th February, 2016 defined ‘startup’ under Startup India initiative, and has declared that a certificate of eligibility shall be …

Uttarakhand High Court Judgment quashing Presidential Rule under Article 356. It was without any basis at all, in fact, it was a blatant falsehood.

Today, the Hon’ble High Court of Uttarakhand made its landmark judgment online that quashed the Presidential Rule in Uttarakhand which was imposed under Article 356 of the Constitution of India. The petitioner had alleged that the ruling BJP at the Centre, in pursuit of its objective to overthrow the …

Start-Ups Intellectual Property Protection SIPP Scheme to facilitate protection of Patents, Trademark and Designs of innovative and interested Start Ups

Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP) Introduction Intellectual Property Rights (lPRs) arc emerging as a strategic bu siness tool ror any business organization to enhance industrial competitiveness . Stru1-Ups, with limited resources and manpower. can sustain in this highly competitive world only through continuous growth  and …

Statement recorded u/s 133A can not be retracted saying survey team exerted force on assessee when he issued a cheque by properly preparing, signing it

In a recent judgment, ITAT Chennai has held that a statement recorded u/s 133A can not be retracted saying survey team had exerted force on the assessee when he issued a cheque by properly preparing, signing it for the amount surrendered. Case Law Details: I.T.A.No.1429/Mds./2015 Assessment Year :2007-08 …

Funds shortage due to project expansion was sufficient cause not to impose penalty u/s 221(1) for self assessment tax non payment before filing ITR

In a recent judgment, ITAT Chennai has held that paucity of funds due to project expansion was a sufficient case not to levy penalty u/s 221(1) for non payment of self assessment tax before filing return of income.  Case Law Details: ITA No. 611/Mds/2014  Assessment Year : 2010-11 M/s. …

Section 68 not applicable to liabilities representing old opening balances. Assessee’s Consent / acceptance do not give jurisdiction/right to make addition

In a recent judgment, ITAT Chennai has stated that consent/acceptance given by assessee could not give jurisdiction and a right to the assessing authority to make an addition. The taxing authority can act only if there is power under the statute to do so. It further held that if the liabilities …

ICAI Guidance Note on CARO 2016

Companies (Auditor’s Report) Order, 2016 (CARO 2016) issued by the Ministry of Corporate Affairs (MCA) is applicable for audits of financial statements for periods beginning on or after 1st April 2015 (FY 2015-16) The new reporting requirements of CARO 2016 are distinguished and from earlier CARO Orders.  ICAI has come up …