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Archive: 04 September 2011

Posts in 04 September 2011

Whether the disallowance is rightly made u/s 14A by applying rule 8D prior to the amendment?

September 4, 2011 844 Views 0 comment Print

Gujarat Organics Ltd. Vs ACIT (ITAT Mumbai)- The provisions of Rule 8D of the Income Tax Rules which have been notified with effect from 24 March 2008 shall apply with effect from Assessment Year 2008- 09. Even prior to Assessment Year 2008- 09, when Rule 8D was not applicable, the Assessing Officer has to enforce the provisions of sub section (1) of Section 14A.

Fees from technical services provided by non-resident-When taxable in India

September 4, 2011 3776 Views 0 comment Print

The short question that arises for our consideration in this petition is whether the amount paid by petitioner No. 1 to petitioner No. 2 outside India as consideration in terms of the basic engineering and training agreement dated October 22, 1989 is liable to Indian income-tax as income deemed to have accrued to petitioner No. 2 in India in view of section 9(1)(vii) of the Income-tax Act, 1961 ?

Assessee not entitled for deduction u/s 80HHC in respect of DEPB income if one of the condition of third proviso to section 80HHC(3) not satisfied

September 4, 2011 645 Views 0 comment Print

Audco India Limited Vs. CIT (ITAT Mumbai)- Both the conditions as mentioned in clause (a) and (b) of the third proviso to section 80HHC(3) are required to be satisfied for allowing deduction under section 80HHC in respect of DEPB income in cases where the turnover exceeds Rs. 10 crores.

In case of business liability, deduction is to be allowed even if it is to quantified and discharged at a future date

September 4, 2011 1150 Views 0 comment Print

CIT Vs Alembic Glass Industries Limited (Gujarat High Court)- If a business liability has definitely arisen in the accounting year, the deduction should be allowed although the liability may have to be quantified and discharged at a future date. What should be certain is the incurring of the liability. It should be capable of being estimated with reasonable certainty though the actual quantification may not be possible.

Whether, even if no incriminating document is found during the search but assessee makes some voluntary disclosure, penalty is still warranted?

September 4, 2011 486 Views 0 comment Print

bdul Razzak A Rajkotia Vs ACIT (ITAT Mumbai)- There is no material worth the name found at the time of search divulging the undisclosed income earned by the assessee by way of unrecorded sales. Seized material relates to unrecorded sale by the `Compay’ and that too for a period of 18 days from 0 1.04.2003 to 18.04.2003.

DTC may come into force from April next year, says FM

September 4, 2011 724 Views 0 comment Print

Finance Minister Pranab Mukherjee today hoped that the Direct Taxes Code (DTC), which seeks to replace the Income Tax Act of 1961, would come into force from April 1, 2012.

If the addition has been restored to the file of A.O., the penalty on this aspect should also be restored to the file of A.O. for taking a fresh decision

September 4, 2011 603 Views 0 comment Print

The Asst. Commissioner of Income Tax Vs M/s A F Ferguson & Co. (ITAT Mumbai)- The learned Counsel for the assessee contended that the instant penalty be also not sustained in view of the order passed by the Tribunal in assessment year 2001-2002. Copy of the said order was placed on record.

Monetary Policy Response to Recent Inflation in India

September 4, 2011 504 Views 0 comment Print

We need to be concerned about inflation as it has adverse impact on the real economy. First, high and persistent inflation imposes significant socio-economic costs. Given that the burden of inflation is disproportionately large on the poor, high inflation by itself can lead to distributional inequality. Therefore, for a welfare-oriented public policy, low inflation becomes a critical element for ensuring balanced progress. Second, high inflation distorts economic incentives by diverting resources away from productive investment to speculative activities.

IFRS Taxonomy Interim Release for Common-Practice Concepts

September 4, 2011 751 Views 0 comment Print

The IFRS Foundation, the oversight body of the International Accounting Standards Boards (IASB), today completed the first part of its project to address requests by regulators and preparers for extensions to the full International Financial Reporting Standards (IFRS) XBRL Taxonomy.

VAT on BOT contracts-a view point

September 4, 2011 7018 Views 0 comment Print

The concept of Public-Private partnership in infrastructural development has given rise to the concepts of BOT contracts. BOT contract means Build-Operatre-Transfer, i.e the contractor is given a contract to build some infrastructure out of his own funds and thereafter he is given right to operate such infrastructure and recover his cost of funds and profits therefrom for a certain period and thereafter the infrastructure is transferred to the Government.

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