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Archive: 15 September 2009

Posts in 15 September 2009

Taxability of Pick-Up and drop facility provided by employers?

September 15, 2009 14744 Views 0 comment Print

PICK-UP and drop transport facility provided by employers is not a perquisite and hence not liable to tax, according to a recent ruling by a tax tribunal. In a decision that has implications for the sectors such as BPO and IT, the Mumbai Income-Tax Apellate Tribunal (ITAT) has held that companies providing such a facility were not liable to deduct tax on the expenditure incurred on it.

CIBIL frequently asked questions (FAQ) and answers

September 15, 2009 10021 Views 4 comments Print

Q.1 What is CIBIL? CIBIL – India’s first credit information bureau- is a repository of information, which contains the credit history of commercial and consumer borrowers. CIBIL provides this information to its Members in the form of credit information reports.

Interest under section 234A, B and C are mandatory in nature and no discretion is vested in the Assessing Officer

September 15, 2009 1460 Views 0 comment Print

Question Nos. 10 and 11 pertain to assessee’s challenge against levy of interest under section 234B of the Act for non-payment of advance tax. The assessee has relied on the decision of the Supreme Court in CIT V. RANCHI CLUB LTD., 247LT.R, 209 and decision of the Delhi High Court in CIT v. INCHCAPE INDIA (P) LTD.,

What is to be assessed as income from lottery is only the actual income received and not any notional income

September 15, 2009 1026 Views 0 comment Print

Even though standing counsel for the department contended that if the Director of Lottery has made unauthorised deduction it is for the assessee to pursue his remedy elsewhere, we do not think that the assessee can be expected to recover this amount through the litigation against the State Government On the other hand we feel that if the State Government is recovering income tax and retains it for itself payment to the Central Government

If assessee is able to cure the defect in the Return then it will be valid return otherwise it will be invalid

September 15, 2009 4936 Views 0 comment Print

The entire focus in the present appeal is to decide whether the returns filed by the assessee were valid or invalid or defective. Whereas the AO, on observing that the return was not properly verified in as much as it was not signed by the right person, declared it to be invalid and non-est. He further intimated the assessee vide para 5 of his communication dated 11.1.2000 that the act of wrong verification is not a rectifiable defect u/s 139(9) which provides that removal of any defect of a valid return of income.

Complain to SEBI must contain person sought to be arraigned was in charge of the affairs of the company

September 15, 2009 513 Views 0 comment Print

SUMMARY OF CASE LAW Mere allegations contained in a line or two against the directors without specifying the violative act committed by any of the directors would not suffice to make the directors offenders so as to summon them for the offences under SEBI Act; mere bald averments in the complaint do not make the […]

Assessee entitled to Cenvat credit on inputs utilized in the generation of electricity to the extent to which they are using the produced electricity within their factory

September 15, 2009 3666 Views 0 comment Print

The definition of input brings within its fold, inputs used for generation of electricity or steam, provided such electricity or steam is used within the factory of production for manufacture of final products or for any other purpose.

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