union budget

Analysis of union budget 2009 provisions related to income disclosed during survey and penalty under section 271(1)(c) of the Income Tax Act, 1961

BUDGET 2009 has proposed to substitute existing explanation 5A below section 271(1)(c ) with new explanation 5A with retrospective effect from 01/06/2007. This new section provides that if in the course of search an assessee is found to be the owner of any money, bullion, jewllery or other valuable articles or thing; and the assessee [...]
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Amendment Proposed in union budget 2009-10 in rules related to refund of custom duty on imported goods found to be defective

The Finance Bill proposes introduction of Section 26A in the Customs Act, 1962, so as to comply with the standards under the International Convention on the Simplification and Harmonisation of Customs Procedure (Revised Kyoto Convention). It seeks to provide for refund of import duty paid at the time of clearance of imported goods, capable of [...]
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Retrospective Recovery of custom duty and interest from exporters proposed in budget by amending DFIA notifications

The proposal for retrospective amendment of the DFIA notification (no. 40/2006-Cus. dated 1.5.2006) intends to recover duty and interest from exporters who had stayed within the law and obtained certain benefits, which the government very well knew to be legitimate but later on claimed to be unintended. The DFIA scheme drafted by the commerce ministry [...]
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New Pan Provisions Very Harsh; Even non- residents need to Comply new provisions

PAN is the basic ‘penetrating needle’ for the Income tax Department to rope in every income earning person. It is a fact that our taxbase continues to be a major concern for policy makers. And in order to widen the taxpayers’ base the I-T Department intends to ride the vehicle of PAN in a big [...]
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Taxation of transfer of land or building or both w.r.t. section 50C as amended in union budget 2009

The existing provisions of section 50C provide that where the consideration received or accruing as a result of the transfer of a capital asset, being land or building or both, is less than the value adopted or assessed by a stamp valuation  authority, the value so adopted or assessed is deemed to be the full [...]
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Budget aimed at Rationalisation of provisions related to TDS

Tax deduction at source is a method of collecting taxes on behalf of the Government at the time of payment or credit. The Income-tax Act casts a legal responsibility on the deductor to deduct tax on the correct amount, at the correct rate and deposit it to the Government account. The TDS rates are specified [...]
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Limit for Liability to pay advance tax increased to 10000 from existing 5000

Under the existing provisions of section 208 the Income-tax Act, liability for payment of advance tax during a financial year arises when the amount of such tax payable during that year is Rs.5,000/-or more. This limit was fixed in 1996. With a view to providing for inflation adjustment, it is proposed to raise the threshold limit [...]
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All business having turnover less than 40 Lakh can claim benefit of presumptive taxation scheme

There has been a substantial increase in small businesses with the growth of transport and communication and general growth of the economy. A large number of businesses and service providers in rural and urban areas who earn substantial income are outside the tax-net. Introduction of presumptive tax provisions in respect of small businesses would help [...]
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