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Archive: January, 2011

Posts in January, 2011

It is not permissible for the Assessing Officer to place himself in the position of the management of the assessee and take it upon himself to decide how much would be a reasonable expenditure for a particular business purpose

January 23, 2011 471 Views 0 comment Print

While dismissing the appeal filed by the Revenue, it was noted by the Tribunal that nothing had been brought on record, by the Assessing Officer, to suggest that the expenditure was not incurred for the business purpose of the assessee. In the opinion of the Tribunal, if somebody, other than the assessee, benefited from the expenditure incurred by it, that woul

Merely by carrying out processing which result into same commodity, there will not be any manufacturing or production for purpose of section 10B

January 23, 2011 575 Views 0 comment Print

The undisputed fact now is that assessee has imported ascorbic acid FCC grade-iv and after undergoing some processing has made ascorbic acid IP. In the processing the assessee is using certain other chemicals, such as methanol and sulphuric acid for the purpose of cleaning and removing iron and lead contents, if any. The fine grade of ascorbic acid IP i

Indian Retail – Reason behind fall of Subhiksha and Vishal!

January 23, 2011 2382 Views 0 comment Print

The Indian retail industry has been riding a wave for the last couple of years. According to a latest report, retail sales are expected to rise from US$ 343 billion currently to US$ 543 billion. Reliance Fresh, Subhiksha, Vishal Retail, Spencer’s, More, Big Bazaar and many more have entered India since the modern format retail concept began. The expanding middle and upper classes has played a big role in the expansion of existing modern format stores and entry of new ones

Renting of Immovable Property-There shall be no recovery of service tax from the service provider in respect of renting of immovable property alone

January 23, 2011 2245 Views 0 comment Print

In this writ petition there is a challenge to section 65(105)(zzzz) of the Finance Act, 1994 inasmuch as it purports to levy service tax on the renting of immovable property to be used for commercial / business purposes. This provision has been recently amended by the Finance Act, 2010 with retrospective effect from 1-6-2007.

If book results are not rejected, AO has no alternative except to accept the book results

January 23, 2011 1760 Views 0 comment Print

We find that at the time of survey the sample processing was carried out and according to the sample processing, the bi-products consists of chuni, dust, waste, etc. which comes to 8.46% and the books of account reflected the waste and bi-products at 10%. We find from the facts that out of 100 kg. of mug the production of mugdal is 90 kg. and bi-product is 10 kg, which is called `kurma or chuni’. Kurma is bi-product and not a waste or process loss. Kurma is sold in open market and sale proceed has already been credited by the assessee in the books of account. According to the assessee, the actual wast

Mere disclosure of any income or loss without disclosing particulars of income or loss cannot be said to be a full and true disclosure of facts for determining total income under IT Act

January 23, 2011 729 Views 0 comment Print

Merely because the assessee is not required to disclose the particulars of sale and purchase of units in audit report obtained under the Companies Act, it cannot be a bona fide reason or an excuse for not disclosing the same in the statement of accounts or any annexure filed along with the return of income for the purpose of determining the total income under the Act

Now, get refund on all air tickets cancelled two hours prior to flight departure

January 23, 2011 433 Views 0 comment Print

In a big relief to air travellers, domestic airlines have agreed to refund passengers all costs barring the base fare if a non-refundable ticket is cancelled. However, passengers can avail this facility only if they cancel their tickets two hours pri

Execution of erection, installation and commissioning of power lines from one point to another point – Prima facie service tax is leviable only from 16.6.2005

January 23, 2011 597 Views 0 comment Print

We have carefully considered the submissions from both the sides and, prima facie, we hold that the liability to tax shall arise only from 16.6.2005 consequent upon amendment enlarging the scope of the impugned services. The decision relied upon by the learned Consultant is in support of the case of the applicant. In view of the above, we hold that the applicant has made out a case for waiver of pre-deposit of dues as per impugned order. Accordingly we waive pre-deposit of balance amount of dues as per impugned order and stay recovery thereof till disposal of the appeal.

Forthcoming changes in eTDS Filing

January 23, 2011 405 Views 0 comment Print

In a meeting with Software Vendors on Jan 21, 1011, NSDL has outlined the following changes in eTDS Statement filing for the Fourth Quarter filing Mandatory Mobile Number It will be mandatory for responsible person to provide mobile number. Howev

Housing prices may fall by up to 20 per cent in Mumbai and Delhi-NCR in next 6-8 months

January 23, 2011 297 Views 0 comment Print

Housing prices could fall by up to 20 per cent in Mumbai and Delhi-NCR sooner than expected if RBI raises key rates in its upcoming monetary policy review, says a report by property consultant Jones Lang LaSalle. “An increase in lending rates is al

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