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08.08.2014 - Voice of CA presents - Updates
Friday, August 8, 2014

  I. Today's Headlines:    

  1. ST Noti.No.16: Principal Chief Commissioner notified as authority under sections 83, 93 and 94 of Finance Act,1994  (Click for detail)
  2. CX Noti.No.23: Principal Chief Commissioner notified as authority under sections 5A, 37, 37A and 37B of the  Central Excise Act  (Click for detail)
  3. RBI issues guidelines on unified bill payment system  (Click for detail)
  4. RBI Guv Raghuram Rajan warns of global assets crash  (Click for detail)

II.  Direct Tax Case Laws:

1. Haridwar Development Authority Vs. Commissioner of Income Tax, I.T.A. Nos. 3056/Del/2012 & 3013/Del/2013, Date of Order: 25.07.2014, ITAT - Delhi

Held that Activities such as development of the district by providing housing, roads,development and maintenance of parks (boost to environment), plantation of trees (again pertaining to environment), providing sewerage system (clean and healthy environment), are all objects for the welfare of the people of the district; as also these are objects of general public utility. which is a charitable object within the meaning of section 2(15) and the proviso to section 2(15) is not applicable because assessee-Authority is not carrying out activity with any profit motive but the predominant object is welfare of people at large.

(Please click here for judgment)

2.  Kisan Sahakari Chini Mills Ltd. Vs. ACIT, I.T.A. No: 2773/Del/2013, Date of Order: 25.07.2014, ITAT - Delhi

That whether provisions of section 36(1)(va) override the provision of section 43B of the Income Tax Act, 1961.

Held Yes

The Assessing Officer disallowed the contribution to PF and ESI on the basis of tax audit report. The assessee’s case is that the remittances in question were made before the due date stipulated for filing the return of income u/s 139(1) of the Act. Relying on the jurisdictional High Court decision in the case of CIT vs.Aimil Ltd. and others (2010) 229 CTR (Del) 418 the contentions of the assessee was uphold.

(Please click here for judgment)

 Golden Rules:

  "God is a creditor who has no bad debts"


  Thanks & Regards


Voice of CA 

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