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Archive: 2010

Posts in 2010

Information on income tax can be disclosed under RTI

January 11, 2010 1396 Views 0 comment Print

In a ruling that is bound to have ramifications, specially on big tax-payers , and in a move aimed at curbing tax evasion, the Central Information Commission has ruled that seeking information on income tax is not invasion of privacy. Ruling out that disclosure of information would lead to unwarranted invasion of the privacy of the individual

Driver of Indian Economy

January 11, 2010 8304 Views 0 comment Print

Infrastructure is the back bone of every economy. Infrastructure contributes a great deal too sustained economic development. Country with good infrastructure can be classified as a developed country whereas the other countries have little finance to spend on such luxuries and hence, keep struggling in the developing class of nations. Indian infrastructure growth started with much delay but when it started its journey it made a remarkable growth. If we make an analysis of the 5 years trend of infrastructure growth in Indian economy we find a remarkable growth prospect led by huge untapped demand.

Mythri Transport Vs. ACIT (ITAT Visakhapatnam)

January 11, 2010 2757 Views 0 comment Print

Whether the vehicles hired by the assessee in execution of the transport contract can be termed as a Sub-contract and consequently the assessee is liable to deduct tax from the payment made for such vehicles u/s 194C (2) of the Act the assessee is not liable to deduct tax at source, as per the provisions of section 194C(2), on the payments made to the lorry owners for lorry hire. Consequently, the provisions of section 40(a)(ia) shall not apply to such payments.

Amendment in Notification No. 110/2004 regarding continuation of anti-dumping duty on imports of Polytetrafluroethylene (PTFE) originating in, or exported from Russia

January 11, 2010 883 Views 0 comment Print

Whereas, the designated authority vide notification No. 15/30/2008-DGAD, dated the 27th February, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 27th February, 2009 , has initiated review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995

MVAT circular on tax Treatment of Goods sent to other States

January 11, 2010 4822 Views 0 comment Print

This office had issued above referred Trade Circulars explaining scope of section 6A of CST Act, 1956. In the Trade Circular dated 20th February 2007, a view had been taken that section 6A of CST Act, 1956 deals only with transactions between principal and agent and that it applies in those cases where the movement of goods is to the place of business of the dealer himself in another state or to his agent or his principal in another state. It was viewed that section 6A does not deal with transactions which are on a principal to principal basis.

Circular on Extension of Export Obligation period for the Advance License Holders who have imported raw sugar between 21.9.2004 and 15.4.2008

January 11, 2010 1375 Views 0 comment Print

and 15.4.2008-reg I am directed to invite your attention to the above-mentioned subject and to say that, a reference was received from the Ministry of Agriculture Food & Public Distribution to consider extension of export obligation period for those Advance License Holders who had imported raw sugar between 21.9.2004 and 15.4.2008 but had not yet fulfilled their export obligations.

If a trust fulfills all conditions of section 12A/12AA, registration cannot be denied on ground that some conditions of section 11 and 12 not fulfilled

January 10, 2010 7906 Views 0 comment Print

Assessees who fulfill all the conditions are entitled to registration cannot be faulted. The contention of the Revenue that the assessees are not registered as an institution and hence not entitled for registration is also without any merit, because, there is no requirement under the Act that an institution

Payment of compensation for obtaining vacant & peaceful possession of premises cannot be allowed as revenue expenditure

January 10, 2010 1317 Views 0 comment Print

We have heard the rival submission and perused the relevant material on record in the light of precedents relied upon. The factual position has been elaborately noted in the foregoing paragraphs. To sum-up the facts, it is noted that Shri Kulwant Singh Kohli was the original owner of the three shops which

After Settlement Commission Order, no power vests in the assessing authority or any other authority in respect of period and income covered under the order

January 10, 2010 1294 Views 0 comment Print

After passing of order by Settlement Commission, no power vests in Assessing Authority or any other authority to issue notice in r/o period and income covered under order of Settlement Commission.

NBFCs not entitled to deduction of any provision created for bad and doubtful debts

January 10, 2010 2083 Views 0 comment Print

Unfortunately, for the appellant NBFCs. are not covered by Section 36(l)(viia) of the I.T Act and so much so, explanation to section 36(l)(vii) squarely applies or in other words, the appellant-N. B.F.Cs. are not entitled to deduction of any Provision created for bad and doubtful debts, no matter such provision

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