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Archive: October, 2007

Posts in October, 2007

FAQs by NGOS, Queries related to Income Tax Act, 1961

October 10, 2007 36371 Views 18 comments Print

Q1 : Whether the Income-tax Act, 1961 is applicable to all the Voluntary Organisations who are engaged in socio-economic development programmes in India ? Please clarify. Ans : The Income Tax Act, 1961, is applicable to Voluntary Organisations which are engaged in public charitable or religious activity. Hence, Voluntary Organisations which carry out socio-development programmes […]

Data from service tax department and state VAT departments may now come handy for I-T sleuths to catch those evading taxe

October 10, 2007 528 Views 0 comment Print

Data from service tax department and state value-added tax (VAT) departments may now come handy for the I-T sleuths to catch those evading taxes. Traders have to register with the state VAT departments once their annual turnover crosses Rs 5 lakh. Similarly, service providers register themselves once they reach Rs 7 lakh in annual turnover. […]

Confusion in the AIR

October 10, 2007 1054 Views 0 comment Print

Worryingly for taxpayers, there is confusion in the air about AIR (annual information return) ever since the taxman issued an FAQ relating to ITR (income-tax return) forms. FAQs are supposed to clarify things but what is causing puzzlement to assessees is the `limit’ relating to financial transactions for AIR, specified in one of the `frequently asked’ questions, posted recently on www.incometaxindiaefiling.gov.in. Question number 64, the last in the list, reads: “In schedule of AIR of all ITRS relating to financial transactions whether the limit fixed is for aggregate or single in each category as shown in the following transactions:

Board circulars are binding on the Department, even if they are wrong or against decisions of the Supreme Court

October 10, 2007 7583 Views 0 comment Print

IT is now an axiomatic law that Board circulars are binding on the Department, even if they are wrong or against decisions of the Supreme Court. But our Boards do not have the habit of tracking down the multitude of circulars they issue and considering whether they are relevant after the Law has been amended and the Apex Court had already ruled on the issue. In the Dhiren Chemicals case (2002-TIOL-83- SC-CX), the Supreme Court had held that if there was a Board Circular which was not in tune with the views of the Supreme Court, the Board Circular would prevail. The whole idea is that the Department should not be seen arguing that the Board was wrong – even if it is wrong, the Departmental officers should be bound by it.

Format of Development Agreement with Builder

October 10, 2007 326947 Views 32 comments Print

DEVELOPMENT AGREEMENT WITH THE BUILDER This Agreement is made here at New Delhi on this ….th day of ………, 200…., between ………………………………………………….. through its…………………………………………………….. s/o ……………………………………… r/o ………………………………………………………., hereinafter called the Owner, the First Party and M/S ………………………………………, ……………………………………… through its Director ……………………………………… s/o ……………………………………… r/o ………………………………………………………, hereinafter called the Developers, Second Party.

Foreign Exchange Management (Transfer or Issue of Any Foreign Security) (Amendment) Regulations, 2007

October 9, 2007 1537 Views 0 comment Print

(i) These Regulations shall be called the Foreign Exchange Management (Transfer or Issue of Any Foreign Security) (Amendment) Regulations, 2007. (ii) These Regulations shall be deemed to have come into effect from the dates specified in these Regulations.

Drawback Schedule, 2007-08 – increase in drawback rates with retrospective effect from 1.4.2007-exemption from filing supplementary claims-regarding

October 9, 2007 565 Views 0 comment Print

All precautions may please be taken to ensure that only the correct amount gets credited into the exporters’ accounts. Sample cases may be taken up for manual checking and validation. It may also be ensured that in cases where the exporters have already taken the differential drawback by filing supplementary claims, the EDI system does not again credit the differential drawback amount into exporter’s accounts.

Customs Valuation (Determination of Value of Imported Goods) Rules, 2007-Instructions-reg

October 9, 2007 9256 Views 0 comment Print

An ‘Explanation’ has been added to Rule 12 (erstwhile Rule 10A), which relates to rejection of declared value, to bring more clarity and objectivity in exercising the authority for rejection of declared value. The Explanation clarifies that this rule as such does not provide a method for determination of value, and that it merely provides a mechanism and procedure for rejection of declared value in certain cases.

Customs valuation (Determination of Value of Export Goods) Rules, 2007-Instructions-reg

October 9, 2007 31750 Views 0 comment Print

While raising doubt about truth or accuracy of the declared value in terms of Rule 8, the proper officer shall issue a query memo specifying reasons for such doubt. Meanwhile, the goods will be released for export against a simple undertaking after drawal of representative sample as indicated in para 5. The decision to initiate the process of investigation into valuation aspects, if any, shall be taken at the earliest at the level of Joint /Additional Commissioner.

Anti-dumping duty on acrylo-nitrile butadiene rubber (NBR), originating in, or exported from Korea R.P. and Germany

October 9, 2007 604 Views 0 comment Print

Whereas, the designated authority vide notification No.15/6/2007-DGAD, dated the 8th October, 2007, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 8th October, 2007 has initiated review, in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules.

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