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Archive: 2007

Posts in 2007

No demand on tax deductor if deductee has discharged tax obligation – Supreme Court

August 24, 2007 2498 Views 0 comment Print

YOU are liable to deduct TDS. By a mistaken understanding, you deduct less TDS than what was required to be deducted. However the deductee pays the correct Income Tax. Can the Department demand the TDS again from you? Logic would say, NO, but logic and tax don’t always go together and you need the Supreme Court to tell you that on the same income, you cannot levy tax twice.

Income Tax Officers Struggle with E-Filing Rules

August 24, 2007 489 Views 0 comment Print

Income Tax officers’ lack of understanding regarding e-filing processes causes frustration among taxpayers, highlighting inefficiencies in the system.

Revision of Monetary Limits for filing Departmental Appeals before the Appellate Authorities

August 24, 2007 714 Views 0 comment Print

Instruction No. 5 dated 16-7-2007- The Board has also decided that cases where the question of law involved or raised in appeal is/are of a recurring nature to be decided by the Court, should be separately considered on merits without being hindered by the monetary limits. Subject to paragraphs 2 and 3 above, the Instruction No. 979, dated 27-3-2000 clarified subsequently by Instruction No. 985, dated 29-6-2000 and Instruction No. 2/2005, dated 24-10-2005, will continue to govern the decision for filing of departmental appeals.

When Tax become debt and due- SC Judgement

August 24, 2007 1003 Views 0 comment Print

Tax can be recovered only when it becomes debt due from assessee and it becomes a debt due when notice of demand is served – tax recovery officer cannot file claim against property attached by court : SC

Public Notice No. 37 (RE-2007)/2004-2009, Dated: 23.08.2007

August 23, 2007 598 Views 0 comment Print

However in such cases where the NC decides adhoc norms based on information available to it and the exporter represents against the decision of the NC, time limit for filing representation, if any, before the Norms Committee shall be four months from the date of communication of decision of the fixation of adhoc norms by NC.

Public Notice No. 36 (RE-2007)/2004-09, Dated: 23.08.2007

August 23, 2007 382 Views 0 comment Print

In case of supplies under paragraph 8.2(a), (b) & (c), claim shall be filed against receipt of payment through normal banking channel as in Appendix 22B. Such claims shall be filed within a period of twelve months from end of monthly/quarterly/half yearly period reckoned from the date of payment as per the option of applicant. In cases where payment is received in advance, last date for submission of application may be correlated with date of supply instead of date of receipt of payment. TED claim can be filed ‘Invalidation Letter/ARO wise against individual licences within the time limit as specified above.

Notification No. 24 (RE 2007)/2004-2009, Dated: 23.08.2007

August 23, 2007 388 Views 0 comment Print

Garlic, Peas and all other Vegetables with a Duty of more than 30% under Chapter 7 of ITC (HS) Classification of Export and Import items.Coconut, Areca Nut, Oranges, Lemon, Fresh Grapes, Apple and Pears and all other fruits with a Duty of more than 30% under Chapter 8 of ITC (HS) Classification of Export and Import items.

Notification No. 231/2007, Dated: 22.08.2007

August 23, 2007 610 Views 0 comment Print

The Central Board of Direct Taxes empowers the Director General of Income-tax (International Taxation or the concerned Directors of Income-tax (Transfer Pricing) to distribute the work amongst the Transfer Pricing Officers working under them while exercising their powers and performing their functions.

Interest ordered for delayed refund – action recommended against officers concerned

August 23, 2007 900 Views 0 comment Print

For the foregoing reasons, the petition succeeds. The three orders namely; (1) the order dated October 6, 1992 passed by the Commissioner of Income Tax, Baroda, declining to accept the claim of the petitioner for interest on refund on the ground that it is not admissible under Sections 243(1)(b), 244(1A) and 214(2) of the Act,

Circular No. 97/8/2007-ST dated 23rd August, 2007

August 23, 2007 43862 Views 0 comment Print

Since the inception of the levy of service tax vide Chapter V of the Finance Act, 1994 (hereinafter called the Act) and rules made thereunder from time to time, a number of circulars/clarifications/instructions have been issued, for clarifying the scope of statutory provisions; providing legal interpretation of the provisions of the Act, the rules and the notifications; and clarifying as well as prescribing the procedures to be followed for administration of service tax.

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