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Archive: 2009

Posts in 2009

The Commissioner of Income-tax cannot assume jurisdiction where the existence of two views is obvious

June 13, 2009 874 Views 0 comment Print

7. The scope of section 263 has been determined by the propositions pro-founded by the Hon’bie Apex Court as well as other courts. For the revenue, an incorrect assumption of fact, incorrect assumption of law, failure to or routinely to conduct investigation in to the issue together with the ‘prejudicial to the interest of revenue’ are the approved grounds for assuming the jurisdiction u/s 263

Allowability of expenses claimed by PSU on direct operations/grants

June 13, 2009 1027 Views 0 comment Print

20. Deduction which are allowed while computing business income have been laid down in section 30 to 36. section 37 is a residuary section extending the allowance of expenses to items of expenditure not covered by Section 30 to 36, the list of allowances enumerated in sections 30 to 36 being not exhaustive. An item of expenditure, which is wholly or exclusively for the purpose of business may be allowed to be deducted

Applicability of section 194C of IT Act qua film financing arrangement containing provision of recovery of advances/loans with interest

June 13, 2009 907 Views 0 comment Print

10. Section 194C relating to `payment to contractors and sub-contractors’ and relevant provisions read as under:- “194C(1)Any person responsibility for paying any sum to any resident (hereinafter in this section referred to as the contractor) for carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract between the contractor and –

News Broadcasters Association demanded exemptions from service tax

June 13, 2009 1839 Views 0 comment Print

News Broadcasters Association has demanded exemptions in service tax, fringe benefit tax and hike in government advertisement rates as part of its pre-budget proposals. The proposals have been submitted before the finance ministry.

New scheme of filing of Income Tax Return and problems faced by the assessee

June 12, 2009 2333 Views 0 comment Print

New scheme of filing of Income Tax Return for the financial year 2008-09 onward and the general problems which is being faced by the assessee and their consultants are narrated below : 1. Earlier i.e. up to the financial year 2007-08, the Income Tax Returns could also be filed electronically by those assesses (which are […]

Government considering proposal to make tax audit reports mandatory for e-filing of income tax returns

June 12, 2009 901 Views 0 comment Print

The government is considering a proposal to make tax audit reports mandatory for e-filing of income tax returns. This follows a recommendation by the Income Tax (I-T) department after the Satyam accounting fraud issue broke in January following founder Ramalinga Raju’s confession. I-T officials said since the returns were e-filed, there was no provision to […]

Public Notice No. 186 (RE-2008)/2004-09, Dated: 12.06.2009

June 12, 2009 451 Views 0 comment Print

The name of the following agency at S. No. 26 under the State of Maharashtra in Appendix 4- C of HBP (Vol-I) has been changed

Expenditure incurred by a foreign company in India during period of lull in its business in India not allowable

June 12, 2009 675 Views 0 comment Print

6. Admittedly, the assessee in these appeals are non-resident companies having no permanent establishment in India. It is also not disputed that after the contract received by the assessee companies in the year 1983 and before, fresh contract was given to them by the ONGC only in the year 1999. Learned counsel for the appellant (revenue) argued that since the respondent / assessee

eFiling of Income Tax Returns with Digital Signature Certificate using .pfx file

June 12, 2009 14948 Views 0 comment Print

For Filing Income Tax Return with Digital Signature we have to follow the following procedure:- Prepare your Income Tax Return and Generate XML. Save XML file in your favourite location [Say Desktop]. Connect your digital Signature Certificate – USB Token to your System. If not registered, Register Assessee PAN at http://incometaxindiaefiling.gov.in Login to http://incometaxindiaefiling.gov.in/ Click on” […]

LLPs may be treated on par with Partnerships for taxation

June 12, 2009 537 Views 0 comment Print

THE Union Budget is expected to provide clarity on taxation of limited liability partnerships (LLPs) by treating them like partnership firms for tax purposes. A corporate tax is likely to be levied on the income of an LLP, with the partners being exempted from taxation, as in the case of partnership firms. The government is likely to amend […]

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