Gujarat HC rules that
compounding fees should be levied @ 100% of ‘tax’ sought to be evaded and not @
100% of ‘income addition’ with respect to prosecution initiated on assessee co.
u/s 276C; Notes that para 12 of CBDT’s latest guidelines of December, 2014 on
compounding of offences prescribes compounding fees for offense u/s 276C(1) at
100% of the ‘amount sought to be evaded’; Since this para does not contain
any specification of ‘the amount sought to be evaded’, HC remarks that “we may
fall back on the statutory provisions in relation to which, this compounding
fee is prescribed.”; Notes that Sec. 276C links the severity of punishment on
the amount sought to be evaded and thus, in turn has relation to the attempt at
evasion of tax, penalty or interest; Accordingly, HC concludes that “when
the CBDT circular refers to the amount sought to be evaded, it must be seen and
understood in light of the provisions contained in section 276C(1) and in turn
must be seen as amount sought to be evaded.…”:HC
Subscribe to:
Post Comments (Atom)
India-Mauritius DTAA Protocol Notified: Key Tax Implications
The Government of India has notified the amendment to the Protocol of the India-Mauritius Double Tax Avoidance Agreement (DTAA) on 13 Oct...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
In a recent informal guidance letter, SEBI clarified whether a cousin of a Promoter Group member qualifies as a person ‘related to promote...
-
Key features of File Validation Utility (FVU) version 3.3 FVU 3.3 will be applicable for quarterly TDS/ TCS statements pertaining to...
-
Facts The applicant („A‟) is a closely held Public Limited company incorporated in India in the year 1953. A‟s shareholder included A (...
-
CIT vs. The Instalment Supply Ltd (Delhi High Court) The assessee bought 1614 items of computer systems for Rs.40 lacs from HCL Hewlett ...
-
01. TDS u/s 194J is required to be done for Royalty also w.e.f 13-7-2006. 02. Royalty had been defined under explanation 2 of se...
-
Until now, 'Samaritans' is not how the Independent Directors are purported by Clause 49 in the Listing agreement. An Independ...
-
Facts Centrica India Offshore Private Limited (CIO), an Indian Company, is a wholly owned subsidiary of Centrica Plc, UK Centrica Plc a...
-
1. Concept of “limited liability partnership” LLP is an alternative corporate business form that gives the benefits of limited liability ...
No comments:
Post a Comment