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Archive: September, 2009

Posts in September, 2009

Notification No. 10/2009-2014, Dated: 22.09.2009

September 22, 2009 499 Views 0 comment Print

In exercise of the powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) read with Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2009-2014, the Central Government hereby makes the following amendments to the ITC(HS) Classifications of Export and Import Items, as amended from time to time.

Merchant Overtime Fee- Dispute on overtime

September 22, 2009 23492 Views 0 comment Print

By CA. Pradeep Jain and Sukhvinder Kaur [LLB (FYIC)] Merchant overtime fee (MOT charges) are the charges which are required to be paid by the exporter/ assessee who is availing the services of Central Excise Officers, in accordance with any prescribed  procedure, beyond office hours or on Sunday, Saturdays or public holidays i.e. is after […]

Payments made to retiring partners not allowable as it is application of firms income

September 22, 2009 2445 Views 0 comment Print

The expenditure incurred by the assessee by way of payments to the retiring partners is only an application of its income, which is on capital account and not allowable as a deduction.

Allowability of depreciation on stock exchange membership card

September 22, 2009 855 Views 0 comment Print

In all the appeals before us, the specific case of the assesses is that the BSE card acquired by them on or after 1/4/1998 is an intangible asset covered under the expression ‘licences’ or alternatively covered under the expression ‘any other business or commercial rights of similar nature’ enumerated in section 32(1)(ii) of the Act and therefore, depreciation is allowable on the BSE card acquired by them.

Renovation expenses incurred on leased premises and allowability of same as revenue

September 22, 2009 4461 Views 0 comment Print

It is difficult to conceive that items like carpet etc., would fall in the category of items which are considered in the case of Madras Auto Service (supra). In particular, the assessee has not placed any material, either before the tax authorities or before us to show that the lump-sum payment in the form of renovation expenses has benefited the assessee in the form of reduction in the revenue expenditure over a period of years by virtue of low rentals or otherwise.

Co-operative credit society is not a co-operative bank and not entitled to any deduction u/s. 80P(2)(a)(i) as a bank

September 22, 2009 15902 Views 0 comment Print

The assessee co-operative society did not conform to the stipulation and limitation of the types of activities in which a banking company is allowed to engage as per the Banking’ Regulation Act, 1949.

Ayurvedic doctor can claim deduction U/s. 80R even if he was not having permission to practice in foreign country

September 22, 2009 1470 Views 0 comment Print

In our-view, the receipts do satisfy the conditions mentioned in section 80R that the services are rendered in his capacity as a teacher or research worker in such Institution, Association of Body. The amounts are not his professional receipts as he has no permission to practise in a foreign country.

Amendment in E-Furnishing of Return of Income Scheme, 2007

September 22, 2009 1705 Views 0 comment Print

Notification No. 70/2009 – Income Tax In exercise of the powers conferred by sub-section (1B) of section 139 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following amendment in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), vide S.O. 1281(E) dated the 27th July, 2007, published in the Gazette of India, Extraordinary, Part II,

IT exemption u/s 11 cannot be denied merely on the grounds that the assessee serves alcohol in the club

September 22, 2009 1180 Views 0 comment Print

The claim of exemption u/s 11 cannot be denied merely based on the flimsy grounds that the assessee serves alcohol to the members and their friends in the club. Serving alcohol is part and parcel of the activities of any club and it is an integral part of the activities of the club.

Is it time to migrate to LLP Structure?

September 22, 2009 660 Views 0 comment Print

The Union Budget 2009 presented by the Hon’ble Finance Minister, Mr. Pranav Mukherjee , inter alia also provided the much awaited tax treatment for the new corporate business vehicle viz., Limited Liability Partnerships (LLP). With this proposal, the unclear picture surrounding the tax aspects of LLPs seems to have been cleared.

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