Daily Archives: September 28, 2015

section 115JB Govt grant for modernization of machinery is liable to MAT

By | September 28, 2015

Whether while computing book profit under section 115JB, Central Government grant received by assessee for modernisation of machinery and compensation received from State Government for loss to its compound wall, could  be deducted from net profit computed as per Parts II and III of Schedule VI of Companies Act, 1956 ? The Assessing Officer has… Read More »

section 40(a)(ia) Payer not liable for TDS default due to retrospective amendments

By | September 28, 2015

Whether disallowance under section 40(a)(ia) should be made on the basis of subsequent amendment brought into the Act with retrospective effect.? Summary of Case on section 40(a)(ia) :- Where Assessing Officer on basis of amendments introduced in section 9(1)(vi) with retrospective effect held that assessee was liable to deduct tax at source from licence fee… Read More »

CBEC :Circulars contrary to Supreme Court judgment need not be followed

By | September 28, 2015

Q Whether Circulars contrary to Supreme Court judgment need to be followed? As per the following clarification Circulars contrary to Supreme Court judgment need not be followed CLARIFICATION REGARDING BINDING NATURE OF CIRCULAR AND INSTRUCTIONS CIRCULAR NO. 1006/13/2015-CX, DATED 21-9-2015 A large number of judgments have been delivered by the Hon’ble Supreme Court on various… Read More »