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Archive: February, 2011

Posts in February, 2011

Allowability of Contributions to superannuation fund, not in the nature of initial or ordinary annual contribution

February 4, 2011 9857 Views 0 comment Print

The Tribunal observed that a contribution to approved superannuation fund is deductible in principle as long as the quantum of the said contribution does not exceed the prescribed limits specified in Rule 87 and 88 of the Income-tax Rules. The limi

Air travellers and courier service companies under Income Tax department scanner

February 4, 2011 537 Views 0 comment Print

The air travellers and courier service companies are under the scanner of air intelligence unit (AIU) of the Income Tax (I-T) department, which is trying to get to the black money trail in India. The AIUs conducted a series of search operations at va

U.K. Sinha Appointed as Chairman of SEBI

February 4, 2011 507 Views 0 comment Print

Shri U.K. Sinha, (IAS: 1976: Bihar, voluntarily retired in 2008) presently Chairman and Managing Director, UTI AMC, has been appointed as the Chairman, Securities and Exchange Board of India (SEBI), initially for a period of three years with effect f

CPC commences issue of Income Tax refunds for AY 2010-11 returns

February 4, 2011 435 Views 0 comment Print

Centralized Processing Center (CPC), Bangalore has begun processing of returns for AY 2010-11. As on 31/1/2011 it has processed over 31.3 lakh e-filed returns of AY 2010-11 in ITRs 1, 2, 3, 4 and issued refunds in over 8.3 lakh cases. The processing

Taxes withheld by applying the provisions of section 44BB on payments to nonresident oilfield service provider not lead to breach of withholding tax provisions

February 4, 2011 2731 Views 0 comment Print

Frontier Offshore Exploration (India) Limited v. DCIT This decision strengthens the position that special provisions supersede the general provision of the Act for the purpose of withholding tax. It also acknowledges the view that the assessee may withhold tax by suo moto applying the special regime under the provisions of section 44BB.

Allowability of CENVAT credit for the period of Non Registration

February 4, 2011 4655 Views 0 comment Print

It is settled law that the dutiability of the final products or inputs, the benefit of cenvat credit in respect of inputs and input services is made available, provided the assessee has necessary documentary evidence and necessary evidence to show utilisation of such input services and in this case, there is no finding that input services were not utilised in providing output services, for which service tax has been paid.

Easy Exit Scheme, 2011

February 3, 2011 649 Views 0 comment Print

In continuation to this Ministry’s earlier circular no. 6/2010 dated 03.12.2010 on the subject cited above, it has been decided to extend the Scheme for another three months i.e. upto 30 th April, 2011.

Penalty imposed U/s. 76 cannot be reduced by invoking the provisions of S. 80 of the Finance Act, 1994

February 3, 2011 711 Views 0 comment Print

9. This Court in the Tax Appeal No.1367 of 2009 has taken the view that on a conjoint reading of sections 76 and 80 of the Act, it is not possible to envisage a discretion as being vested in the authority to levy a penalty below the minimum prescribed limit. If the authority imposing the penalty is not entitled to levy below the minimum prescrib

Where proceeding resulting in refund is not delayed for reasons attributable to assessee, interest u/s. 244A cannot be denied

February 3, 2011 1210 Views 0 comment Print

The assessee had filed a return of income on 28 November 2000 for assessment year 2001-01 and declared an income of Rs.89.75 crores. On 14 March 2002, the assessee filed a revised return of Rs.80.75 crores. The assessment proceedings commenced on 18 November 2002 with a notice under Section 143(2). The assessment order was passed on 31 March 2003 by which the Assessing Officer determined the income at Rs.97.09 crores under Section 115JA. TDS certificates amounting to Rs. 1,44,34,030/- were submitted during the course of the assessment proceedings. Interest has been allowed to th

Easy Exit scheme extended upto 30th April, 2011

February 3, 2011 573 Views 0 comment Print

General Circular No. 1/2011- Dated the 3rd Feb, 2011  Government of India, Ministry of Corporate Affairs, 5 th Floor, ‘A’ Wing, Shastri Bhavan, Dr. R.P. Road , New Delhi, To, All Regional Director and All Registrars of Companies. Subject: Easy Exit Scheme, 2011 Sir, In continuation to this Ministry’s earlier circular no. 6/2010 dated 03.12.2010 on […]

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