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)
Bombay High Court Clarifies Tax Exemption Eligibility for Venture Capital Funds
In a significant ruling, the Bombay High Court has reaffirmed that a Venture Capital Fund (VCF) registered with SEBI is entitled to claim ...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
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...
-
Facts Centrica India Offshore Private Limited (CIO), an Indian Company, is a wholly owned subsidiary of Centrica Plc, UK Centrica Plc a...
-
The Tax Audit season has started and it’s the time when the Assessees rush to their Chartered Accountants (CA) to get their Tax Audit d...
-
SREI Infrastructure Finance Ltd vs. ITSC (Delhi High Court) The assessee entered into a scheme of arrangement u/s 391-394 of the Compani...
-
Facts The taxpayer, a partnership firm, derived income from the business of handling and transport of ship containers, customs clearing a...
-
M/s. Alpha Projects Society P. Ltd vs. DCIT (ITAT Ahmedabad) In AY 2005-06, the assessee made payments to contractors & for professi...
-
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...
-
F.No.354/66/2011-TRU Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs...
-
M/s. Merilyn Shipping & Transports vs. ACIT (ITAT Visakhapatnam Special Bench) The assessee incurred brokerage expenses of Rs.38....
No comments:
Post a Comment