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Archive: 2009

Posts in 2009

MTNL offered new 3G prepaid connections for Rs 109

November 3, 2009 447 Views 0 comment Print

Mahanagar Telephone Nigam Ltd on Monday said it will offer new 3G prepaid connections for Rs 109 in its Mumbai circle.New subscribers can avail new ‘3G Tariff’, with local voice and video call charges at 20 paise per minute on own local network and 50 paise per minute for other local networks across Mumbai telecom circle with lifetime validity, MTNL said in a statement.

False claim in return of Income would be treated as case of concealment of Income or of furnishing inaccurate particulars of Income

November 1, 2009 834 Views 0 comment Print

It is repeatedly held by the Courts that the penalty on the ground of concealment of particulars or non-disclosure of full particulars can be levied only when in the accounts/return an item has been suppressed dishonestly or the item has been claimed fraudulently or a bogus claim has been made. When the facts are clearly disclosed in the return of income,

Reopening under section 147 by the AO on the same set of facts, without there being any additional information, can only be considered as change of opinion

November 1, 2009 610 Views 0 comment Print

As can be seen from the above the adjustment made by the assessee is according to the provisions of the Act. Since both the industrial galas fall within the block the WDV is increased by the actual cost of the asset falling within the block and reduced by the amount payable in respect of the asset sold. Accordingly we do not find any mistake in assessee’s working of the block of assets which is according to the provisions of section 43(6)(c). The A.O.’s action in denying the inclusion of asset within the block is on the condition that the asset was not put to use.

Where fair market value of the capital asset under transfer is less than the valuation as per Stamp Value Act

November 1, 2009 2511 Views 0 comment Print

Where fair market value of the capital asset under transfer is less than the valuation as per SVA and such valuation as per SVA becomes final under Stamp Duty Act then the assessee is left with no choice and has to pay tax on the notional sale consideration on the valuation as per SVA.

Jurisdiction of AO to proceed with assessment under section 147 of IT Act, 1961

November 1, 2009 1213 Views 0 comment Print

In the present case, the notice u/s. 148 was issued on 28.03.2003, pertaining to the A.V. 1996-97. Section 147 authorizes and permit the Assessing Officers to assess or re-assess income chargeable to tax if he has reason to believe that income for any assessment year has escaped assessment.

Depreciation is mandatory for claiming deduction under Chapter VI-A of Income Tax Act, 1961

November 1, 2009 5180 Views 0 comment Print

The Full Bench was constituted to consider whether for the purposes of allowing deduction under Ch. VI-A depreciation could be thrust on the assessee even though it had disclaimed the same for purposes of regular assessment. The assessee argued that as in accordance with Mahendra Mills 243 ITR 56 (SC), depreciation was optional and as Expl. 5 to s. 32 came into force only from AY 2002-2003, depreciation could not be thrust even for purposes of Ch. VI-A. HELD, deciding against the assessee:

Reserve Bank of India will soon issue guidelines on provisioning rules

October 31, 2009 1276 Views 0 comment Print

The Reserve Bank of India will soon issue guidelines on meeting provisioning rules and some banks have sought time to meet them, its deputy governor Shyamala Gopinath said on Friday. “Banks have made certain submissions to us in the policy, in terms of little more time. We are going to come up with guidelines soon,” Gopinath said.

Goods and Services Tax may not be applicable from April 1, 2010

October 31, 2009 1128 Views 0 comment Print

The Finance Minister, Mr Pranab Mukherjee, on Friday hinted at some slippage to the scheduled Goods and Services Tax (GST) system rollout by April 1, 2010. Introduction of the GST, billed as a flagship tax reform measure of the UPA Government, is considered crucial for attracting increased doses of domestic and foreign investments.

RBI circular on Inoperative savings and current account

October 30, 2009 4250 Views 0 comment Print

There may be instances where the customer has given a mandate for crediting the interest on Fixed Deposit account to the Savings Bank account and there are no other operations in the Savings Bank account. Some doubts have arisen whether such an account is to be treated as inoperative account after two years.

Relaxation of the due date for the uploading of e-returns for the period ending September 2009

October 30, 2009 931 Views 0 comment Print

After the introduction of the e returns, the dealers were required to make the payment of tax within the prescribed date, but were permitted to upload the e returns within 10 days from the due date prescribed in the said Rule 17 (Please refer Trade Circular No 16T of 2008) Thus the dealers, who paid the tax within the due date and upload the e return within the aforesaid period shall not be treated as late filers.

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