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Archive: 24 November 2009

Posts in 24 November 2009

CBDT notified Constitution of DRPs in eight cities

November 24, 2009 1062 Views 0 comment Print

Central Board of Direct Taxes has notified rules to regulate the procedure of the Dispute Resolution Panel (DRP) constituted under section 144C of the Income Tax Act, 1961 inserted by the Finance Act 2009. The rules came into effect from 20th November 2009. DRPs will be constituted at Delhi, Mumbai, Ahmedabad, Kolkata, Chennai, Hyderabad, Bengaluru and Pune.

Circular No. 8/2009-Income Tax Dated 24/11/2009

November 24, 2009 2248 Views 0 comment Print

Circular No. 8/2009-Income Tax payments made by Third Party Administrators (TPAs) to hospitals on behalf of insurance companies for settling medical/insurance claims etc. with the hospitals. 2. The matter was examined by the Board. As per provisions of section 194J(1) ‘Any person, not being an individual or a Hindu undivided family, who is responsible for paying to a resident any sum by way of—

Circular on Setting up Private/Public bonded warehouse for diamonds and gemstones for import and re-export therefrom

November 24, 2009 763 Views 0 comment Print

Attention is invited to erstwhile scheme for setting up private/public bonded warehouse in SEZ/DTA for import and re-exports of cut & polished diamonds, cut & polished colored gems stones, uncut & unset precious & semi precious gemstones, subject to achievement of minimum value addition of 5% under paragraph 4A.18 of the Foreign Trade Policy 2004-09. This scheme has now been deleted from the Foreign Trade Policy 2009-14 announced on 27.08.2009 by DGFT.

Income-tax department sent notices to six Mumbai-based third party administrators (TPAs) to Pay TDS for last two years

November 24, 2009 588 Views 0 comment Print

The income-tax department last week sent notices to six Mumbai-based third party administrators (TPAs), who process insurance claims, askingthem to cough up Rs 117 crore for two consecutive financial years, beginning 2008-09.

RBI Directions for opening and operation of Accounts and settlement of payments for electronic payment transactions involving intermediaries

November 24, 2009 3515 Views 0 comment Print

The use of Electronic/Online Payment modes for payments to merchants for goods and services like bill payments, online shopping etc. has been gaining popularity in the country. With a view to safeguard the interests of the customers and to ensure that the payments made by them using Electronic/Online Payment modes are duly accounted for by the intermediaries receiving such payments and remitted to the accounts of the merchants who have supplied the goods and services without undue delay

Applicability of penalty U/s. section 269T of IT Act, 1961, when payment was made in cash but not exceeded Rs.20,000/- on a single day

November 24, 2009 928 Views 0 comment Print

A plain reading of language used in the definition of `loan or deposit’ in section 269T clearly provides loan or deposit means any loan or deposit of any nature. Thus, there is no question of excluding current loan for the purpose of section 269T of the Act.

A.O. can rectify the intimation u/s 143(1) only to determine tax payable by assessee or any refund due to the assessee

November 24, 2009 5764 Views 0 comment Print

. In this case, the assessee filed his return of income on 29.06.1999 declaring total income at Rs. 15,77,534/-, wherein the arrears of rent was included while computing the income under the head “income from house property”. The A.O. processed the return of income u/s 143(1) at a returned total income of Rs. 15,77,534/-.

Penalty u/s 271(1)(c) can not be levied on ground of disallowance of deduction u/s 80HHC of IT Act, 1961

November 24, 2009 6449 Views 0 comment Print

Section 271(1)(c) provides that if the AO or the Commissioner (Appeals) or the Commissioner, in the course of proceedings in this Act is satisfied that any person has concealed the particulars of his income or furnish inaccurate particulars of income, he may direct that such person shall pay by way of penalty a sum which shall not be less than but which shall not exceed three times the amount of tax sought to be evaded by a reason of the concealment of particulars of his income.

Contractor not eligible for deduction u/s. 80-IA

November 24, 2009 6659 Views 0 comment Print

The use of word developing’ in juxtaposition to infrastructure facility in section 80-1A(4) indicates that what is eligible for deduction under this sub-section is the profits and gains derived from the development of infrastructure facility and not something de hors it; so in order to be eligible for deduction the development should be that of the infrastructure facility as a whole and not a particular part of it; it may be possible that some part of development work is assigned by the developer to some contractor for doing it on his behalf; that will not put the doer of such work into the shoes of a developer; therefore, a mere contractor cannot be conferred with the benefit as provided in section 80-IA.

Confirmation of addition by tribunal does not mean concealment of income or inaccurate furnishing of particulars of income

November 24, 2009 5552 Views 0 comment Print

The penalty proceedings and the assessment proceedings both are different. Explanation 1to section 271(1)(c) in respect of any fact relating to the computation of total income states that the amount added or disallowed in computing the total income of an assessee shall be deemed to be the income in respect of which particulars have been concealed. This deeming provision for concealment is not absolute one.

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