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Archive: March, 2010

Posts in March, 2010

NC Notification No. 2/2009-Income Tax Dated 22/3/2010

March 22, 2010 421 Views 0 comment Print

NC Notification No. 2/2009-Income Tax In the notification of the Government of India, Ministry of Finance (Department of Revenue) number S.O. 2907(E), dated 17th November, 2009, published in the Gazette of India, Extraordinary, Part-II, section 3, sub-section (ii), at Sl. No. 3, relating to the trust’s name and word, “Special Olympics Gujarat Chapter”, “Gujarat University Boys Hostel Campus, Navrangpura, Ahmedabad

Tribunal has the jurisdiction to entertain a fresh plea on subject matter of appeal

March 22, 2010 921 Views 0 comment Print

The facts in brief leading to the controversy are that unaccounted commission earned by the assessee was unearthed during the search. In his return of income, the assessee claimed expenditure incurred to earn the said income which the Assessing Officer disallowed under sec.69C of the Act. The CIT (A) deleted this disallowance by observing that sec.69C along with the pro

VAT Cir – 12T of 2010 – Tax treatment of Goods sent to other States.

March 22, 2010 1030 Views 0 comment Print

The above referred Trade Circulars were issued explaining scope of section 6A of C.S.T. Act, 1956. In the Trade circular No. 2T of 2010 dated 11th January 2010 it was clarified that F-Forms are mandatory for all transactions of inter-State transfers not by way of sale including job work and goods return.

Society not liable to deduct TDS on payments made to the truck owners who are also members of the society

March 22, 2010 1490 Views 0 comment Print

The concept of sub-contract is intrinsically linked with section 194C(2); if there is no sub-contract then the person making payment is not liable to deduct tax at source even if payment is being made to a resident.

Where consideration received by applicant-German company under a contract with Tamilnadu Government

March 22, 2010 753 Views 0 comment Print

The applicant is a Company incorporated under the laws of Germany and is engaged in the business of architectural designs and drawings. In response to a tender invited by the Govt. of Tamil Nadu for preparation of designs and rawings

Commission paid to whole time working directors of company is allowable expenditure

March 22, 2010 3870 Views 0 comment Print

Supreme Court in the case of Shahjada Nand & Sons Vs CIT [1997] 108 ITR 358 in which the apex court held that commission paid to the employees is allowable and there is no need for any contractual obligation or extra services performed by the assesses We therefore are of the opinion that the commission payment of Rs. 30 lacs

Loss of non-eligible unit can not be set off against profit of eligible unit for calculation of deduction u/s. 10A

March 22, 2010 2575 Views 0 comment Print

The deduction under section 10A is not an exemption but only a deduction under Chapter III of the Income-tax Act and the provisions of section 80AB of Chapter VIA would not be applicable to such deduction under section 10A, and also deduction under section 10A is undertaking specific.

Interest earned by co-operative credit society on surplus funds invested in short-term deposits with banks and in govt. securities not eligible for deduction u/s. section 80P

March 22, 2010 5277 Views 0 comment Print

The words the whole of the amount of profits and gains of business in section 80P(2)(a) emphasise that the income in respect of which deduction is sought must constitute the operational income and not the other income which accrues to the Society.

TDS not applicable when advertising agency reimburses advertising charges to advertising agency

March 22, 2010 18327 Views 0 comment Print

Even on a close reading of the Circular makes it very clear that the term “advertising” has not been defined in the Act. During the course of the consideration of the Finance Bill, 1995, the Finance Minister clarified on the floor of the House that the amended provisions of tax deduction at source would apply when a client makes payment to an advertising agency

Custom duty Notification No. 36 /2010 amending Notification 107/2008 – Customs, dated 6th October, 2008

March 22, 2010 702 Views 0 comment Print

Notification No. 36 /2010-Customs – Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.107/2008-Customs, dated the 6th October, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), vide number G.S.R. 718 (E), dated the 6th October, 2008, namely:-

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