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Archive: 17 July 2009

Posts in 17 July 2009

Mumbai ITAT Bench not functioning from 20.07.09 to 24.07.09

July 17, 2009 487 Views 0 comment Print

The following Benches will not function during the period from 20.07.09 to 24.07.09 “A1, B1, E1, H, L, & WT” The cases hanve been adjourned to respective dates – See seprate notice.

Small business been given Tax breather in Union Budget 2009

July 17, 2009 525 Views 0 comment Print

Discover the tax benefits for small businesses in Union Budget 2009. Simplified tax code, exemption from compliance procedures, and more.

Union Budget 2009 covered Gifts and deemed Gifts of Properties under tax net

July 17, 2009 645 Views 0 comment Print

Under the existing provisions, in a nutshell, gifts received by individuals and HUFs, only as sum of money from non relatives in excess of Rs.50000/- per annum are taxable. Gifts on the occasion of marriage or under a will are also outside the tax net. Gifts in kind are also not taxable. Now the gifts in kinds are being made taxable in the hands of recipients. Cases of deemed gifts due to inadequate considerations are also being brought in the tax net.

No separate empanelment for NABARD

July 17, 2009 4664 Views 0 comment Print

As everybody is already aware, National Bank for Agriculture and Rural Development (NABARD) takes panel from the Institute of Chartered Accountants of India for the empanelment of Statutory Auditors of Regional Rural Banks. (RRBs). In this context, it is advised that members should refrain from sending separate empanelment application/bio data directly to the NABARD for […]

Transfer Fees recd by Co-op Hsg Soc from members as per bye-laws or Government directions is exempt

July 17, 2009 10097 Views 0 comment Print

The society is registered with the object principally of looking after the property including building thereon. There is no trading or business transactions. The members by adopting the bye-laws agree amongst themselves that a fee for transfer of flat/tenement when it is sold would be paid to the society. It may be that both incoming or outgoing member have to contribute to the common fund of the society

Charter ship hire payments not royalty within the meaning of section 9 of IT Act

July 17, 2009 666 Views 0 comment Print

12. Section 9(l)(vi)(c) provides that any income by way of royalty payable by a person who is a resident except where the royalty is payable in respect of any right, property or information used or services utilized for the purpose of a business or profession carried on by such person outside India or for the purposes of business or profession carried on by such person outside India or for the purpose

Furnishing bank guarantee cannot be equated with actual payment under Section 43B of IT Act

July 17, 2009 856 Views 0 comment Print

8. We shall first deal with the question whether furnishing of bank guarantee amounts to actual payment and fulfils the conditions stipulated in section 43B of the Act. The requirement of Section 43B of the Act is the actual payment and not deemed payment as condition precedent for making the claim for deduction in respect of any of the expenditure incurred by the assessee during the relevant previous year specified in Section 43B.

Validity of notice issued by AO u/s 148 pursuant to directions of CIT u/s. 263

July 17, 2009 1384 Views 0 comment Print

20. An Income Tax Officer while passing an order of assessment performs judicial function. An appeal lies against his order before the Appellate Authority. A Revision Application would also lie before the Commissioner of Income Tax. It is trite that the jurisdiction exercised by the Revisional Authority pertains to his Appellate jurisdiction. See Shankar Ramchandra Abhyankar vs. Krishnaji Dattatraya Bapat

A supporting manufacturer entitled to claim deduction u/s. 80HHC (1A) on the basis of disclaimer certificate of export house

July 17, 2009 1353 Views 0 comment Print

7. A plain reading of the section would show that Sub. Sec (1) of 80HHC deals with deduction to be allowed to an assessee who is engaged in the business of export of goods or merchandise. The manner of determining the profits derived from export for the purpose of computation of deduction is provided in sub-sec (3), which has three clauses (a), (b), and (c ) covering three different aspects

Statutory date for FMV of a property cannot be substituted with a subsequent conversion date by issuing notification

July 17, 2009 244 Views 0 comment Print

19. We heard both sides in detail and considered the issue in the light of the facts of the present case and in the light of various judicial pronouncements relied on by the assessee as well was the Revenue. The assessee purchased the property in 1975. The Notification declaring the said property in the category of capital asset was made in 1994. The property was sold in 2006. Now the case of the assessee is that for the purpose of computing

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