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Archive: 02 April 2009

Posts in 02 April 2009

Five year tax holiday for hotels located in specified districts having a world Heritage Site U/s Section 80-ID of the Income Tax Act, 1961

April 2, 2009 4748 Views 0 comment Print

21. Five year tax holiday for hotels located in specified districts having a world Heritage Site 21.1 Section 80-ID of the Income-tax Act provides for a five year tax holiday to new hotels of two, three and four star categories and convention centres. It is a requirement that such hotel must be constructed and has […]

Five year tax holiday to hospitals located in certain areas under Sub-section (11B) of section 80-IB

April 2, 2009 4792 Views 0 comment Print

20. Five year tax holiday to hospitals located in certain areas 20.1 Sub-section (11B) of section 80-IB provides for a tax holiday for five consecutive assessment years, beginning from the initial assessment year, to an undertaking deriving profits from the business of operating and maintaining a hospital in a rural area. The undertaking is required […]

Sunset provision for deduction for refining of mineral oil under subsection (9) of section 80-IB

April 2, 2009 1957 Views 0 comment Print

19.1 Sub-section (9) of section 80-IB provides for a hundred percent deduction of profits and gains derived from commercial production or refining of mineral oil. For the purpose of this section, the term ‘mineral oil’ does not include petroleum and natural gas, unlike in other sections of the Income-tax Act. The deduction under this 21 […]

Additional deduction U/s 80D for health insurance premium / mediclaim premium paid for parents

April 2, 2009 6883 Views 0 comment Print

18 Additional deduction for health insurance premium paid for parents 18.1 Pre-amended section 80D of the Income-tax Act provides for a deduction of up to fifteen thousand rupees to an assessee, being an individual or a Hindu undivided family. The deduction is allowed for making a payment to effect or keep in force an insurance […]

Government is likely to exempt the services provided inside the Special Economic Zones from service tax

April 2, 2009 657 Views 0 comment Print

The government is likely to exempt the services provided inside the Special Economic Zones from service tax, a move for which it is expected to seek approval from the Election Commission. Hitherto, service providers were paying taxes first and than claiming refunds, an issue on which the Commerce Ministry has written to the Ministry of Finance suggesting exemption from taxes.

ICAI Communication to members providing Articles Training to Articled Assistants

April 2, 2009 1508 Views 0 comment Print

Dear Sir(s)/Madam, The Council of the Institute appointed a Working Group to study various students related issues sometime back. The recommendations of the Group were then considered by the Council and certain decisions have been taken in this regard. Some such decisions, among others, relate to the minimum and maximum working hours for the articled […]

After Vodafone department send notice to E*Trade Mauritius to pay capital gains tax

April 2, 2009 693 Views 0 comment Print

Buoyed by a favourable Supreme Court order in the Vodafone tax case, the income-tax department has asked E*Trade Mauritius to pay capital gains tax on the sale of its shares held in Indian company IL&FS Investsmart to HSBC in September 2008. E*Trade Mauritius is indirectly held by E*Trade Financial Corporation and is in the business […]

Notification No. S.O. 903(E), dated 02/04/2009

April 2, 2009 451 Views 0 comment Print

Further amendment in the notification of the Government It of India in the Ministry of Corporate Affairs, published :n the Gazette of India, Extraordinary, dated the 30th May, 2008 vide No. S.O. 1270(E), dated the 30th May, 2008

In the case of remittances by banking channel the onus on the assessee U/s. 69 stands discharged, and therefore, section 5(2)(b) does not apply

April 2, 2009 1398 Views 0 comment Print

The assessee, who is a non-resident, brought money into India through banking channel and the manner in which this money was utilized in India is described in the Annexure. We have observed in the above paragraphs that because of the mode of banking channel, admittedly, used for the remittance in this case, the onus on the assessee u/s 69 stood discharged, and therefore it was not taxable in India u/s 5(2)(b) of the Act. The CBDT Circular (supra) squarely supports the case of the assessee. The fact that the transactions and events narrated in the Annexure look curious and suspicious makes no difference to the conclusions that we have drawn in this case, as per law, in the above paragraphs.

40A shall also be attracted where cash payments made to a single party exceeds twenty thousand rupees in a day.

April 2, 2009 1079 Views 0 comment Print

13. Amendment to the provisions of sub-section (3) of section 40A of the Income-tax Act 13.1 Clause (a) of sub-section (3) of Section 40A of the Income-tax Act, 1961 provides that any expenditure incurred in respect of which payment is made in a sum exceeding Rs.20,000/- otherwise than by an account payee cheque drawn on […]

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