Archive for February, 2012

Commissioner of Customs, Chennai Versus Denso Kirloskar Industries Private Ltd. (Supreme Court)

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1150 OF 2004 COMMISSIONER OF CUSTOMS, CHENNAI  VERSUS DENSO KIRLOSKAR INDUSTRIES  PRIVATE LTD.   O R D E R 1. We have heard learned counsel for the parties to the lis. 2. In this appeal, the Revenue is questioning the correctness or otherwise of [...]
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Undesirable haste in passing assessment order results in miscarriage of justice – Delhi HC

The petitioner assessee had filed an appeal against the reassessment order as it was mandated and required to be filed within the period of limitation. They have, however, withdrawn the said appeal. Looking into the factual background of the present case, we feel that the plea of alternative remedy raised by the Revenue should be and ought to be rejected. Defence of alternative remedy in the present case will result in miscarriage of justice and cause prejudice to the pe..
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Form 16 Excel Utility with Synopsis to fill Form 24Q

The attached excel utility can be used by the organizations having less then 50 employees or by those who are liable to deduct TDS on salaries of less then 50 employees. In this utility once you enter the salary and TDS payment detailsit automatically generates form 16 in new format for financial Year 2011-12 and also prepares synopsis to fill Form No. 24Q.
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Format of Advance Tax Reminder to be sent to clients

Your attention is drawn towards your legal liability for estimating income for the current year and payment of Advance Tax under the Income Tax Act 1961. THE LAST DATE FOR PAYMENT OF FOURTH & FINAL INSTALEMNT OF 25% OF ESTIMATED TAX LIABILITY IS 15TH DAY OF MARCH 2012, thereby making cumulative payment of 100 % of the total yearly estimated tax liabilities
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How to get Errors & Omissions in form 26AS rectified

What are the conditions under which advance tax/self assessment tax paid in the bank may not reflected in Part C of Form 26AS. What if amount of advance/self assessment tax paid in the bank is incorrectly reflected in Part C of Form 26AS?
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Income Tax Scrutiny Criteria for F.Y. 2011-12 / A.Y. 2012-13

1. Where value of international transaction as defined u/s. 92B exceeds Rs.15 Crore. 2. Cases where there was addition of Rs.10 Lacs or more in earlier assessment year and question of law or fact is confirmed in appeal or pending before appellate authority. 3. Cases in which addition of Rs.10 Crore or more was made in earlier assessment year on the issue of transfer pricing.
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Critical Analysis of New Section 44AD

What do you mean by Total Turnover/Gross Receipts? Total Turnover / Gross Receipts are amount received/receivable from clients in respect of sale of Previous Year. Section 145 relating to Method of Accounting applicable to Section 44AD As per this section the assessees have an option to choose either Mercantile or cash method. Gross Receipts are the amounts received from clients for the services provided ot to be provided and does not include the value of material..
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CBEC amends Notification No. 63/1994-Customs (N.T.), dated, the 21st November, 1994 – Notification No. 17/2012-Customs (N.T.)

Notification No. 17/2012-CUSTOMS (N. T.) In exercise of the powers conferred by clauses (b) and (c) of sub-section (1) of section 7 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 63/1994-Customs (N.T.) dated the 21 st November, 1994, {S. O. 830 (E), dated the 21 st November, 1994}, namely:-
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