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Archive: April, 2010

Posts in April, 2010

Section 194C(1) is applicable to job work assigned by an event manager to others

April 26, 2010 7727 Views 0 comment Print

We have perused the records and considered the rival contentions carefully. The dispute is regarding rate of deduction of tax at source in respect of job work assigned by the assessee to others as an event manager. There is no dispute that the assessee had not deducted tax at source. The dispute is only whether the case of the assessee will be covered u

Word ‘Capital asset’ in section 2(14) does not necessarily mean that property, which assessee holds, must be his own

April 26, 2010 78017 Views 0 comment Print

We have heard the learned representatives of the parties and perused the record. The crux of the matter under consideration whether under the facts and circumstances of the case under consideration there is transfer of asset and same is liable to capital gains or loss. The case of the revenue is that the assessee was not the owner of the plot therefore there was no transfer

Housing Projects: Provisions of sub-section (10) not governed by provisions of sub-section (2) of section 80-IB

April 26, 2010 1015 Views 0 comment Print

It is first contended on behalf of the assessee that the view taken by the CIT that section 80IB(2) also applies to assessee’s claiming deduction under sub-section (10) of the section in respect of housing projects is erroneous and untenable as has been held by the Mumbai Bench of the Tribunal in (a) Parth Corpn. v. ITO [2008] 23 SOT 368 and (b) Shreejee Ratna Corpn. v. ITO

Assessing Officer cannot impose penalty u/s. 271(1)(c) on the basis of routine and general presumptions

April 26, 2010 676 Views 0 comment Print

Now coming to the merits of the case, we noticed that the AO levied penalty u/s 271(l)(c) on the ground that the assessee has filed inaccurate particulars of income. What is inaccurate particulars of income within the meaning of provisions of section 271(l)(c) of the Act has been discussed in details by the 1TAT Mumbai Bench in the case of Mimosa Investment Co. Pvt. Ltd

Penalty can not be imposed u/s. 272A(2)(c) for delay in filing of quarterly returns of TDS

April 26, 2010 7861 Views 0 comment Print

We have heard the rival submissions and carefully perused the record. Admittedly tax was deducted at source and payment was made/deposited within the time provided under the Act and the returns under Form 26Q as well as 24Q were filed with a marginal delay, reckoned from the due date for filing the regular returns as per the old provisions of the Act. It is

Guidelines for market makers on Small and Medium Enterprise (SME) exchange/separate platform of existing exchange having nation wide terminal

April 26, 2010 1434 Views 0 comment Print

SEBI has put in a framework for setting up of new exchange or separate platform of existing stock exchange having nationwide terminals for SME (hereinafter referred to as the ‘Exchange/ SME Exchange’). In order to operationalise the said framework, necessary changes have been made to applicable Regulations, circulars etc. As per the framework, market making has been made mandatory in respect of all scips listed and traded on SME exchange. The following guidelines shall be applicable to the Market Makers on this exchange.

TDS u/s.194H on Commission paid on sale of pre-paid & post-paid SIM card

April 26, 2010 5483 Views 0 comment Print

Whether on a true and correct appreciation of the relationship between the assessee and its distributors, the learned Income Tax Appellate Tribunal erred in holding that the payments paid by the assessee is not commission as envisaged under Section 194H of the Act?” This question has arisen for determination for the Assessment Years 2003-04 and 2004-05

Reference in Article 13(3)(c) of Indo-Canada DTAA is to "any copyright" and it is not a reference to "any right" for purpose of terming a payment as `royalty’

April 26, 2010 580 Views 0 comment Print

This appeal preferred by the revenue is directed against the Income Tax Appellate Tribunal .s order dated 28.07.2006 passed in ITA No. 491/Del/2000 and relates to the assessment year 1998-1999.

An assessee does not have to develop entire port to qualify for deduction u/s 80-IA of the Income Tax Act, 1961

April 26, 2010 1242 Views 0 comment Print

The object of Section 80IA was to provide an impetus to the growth of infrastructure in the nation. A sound infrastructure is a sine qua non for economic development. Absence of infrastructure poses significant barriers to growth and development. A model which relied exclusively on the provision of basic infrastructure by the State was found to be deficient.

Reasons recorded by AO for reopening an assessment are the only reasons which can be considered when formation of belief is impugned

April 26, 2010 585 Views 0 comment Print

The principal challenge in these proceedings is to the notices issued by the first respondent under section 148 of the Income Tax Act, 1961 proposing to assess the income of the petitioner for assessment years 2005-06 and 2006-07 on the ground that there is reason to believe that income chargeable to tax had escaped assessment, within the meaning of section 147.

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