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Archive: September, 2011

Posts in September, 2011

Penalty for inadmissibility of legal claim not justified

September 1, 2011 639 Views 0 comment Print

ACIT Vs. Sumit P. Bhattacharya (ITAT Mumbai)- Assessee was an employee of M/s Procter and Gamble India Ltd., which is a group company of Procter and Gamble of USA. The company had given appreciation rights to the assessee. As regards the judgment of the Apex Court in the case of Union of India Vs. Dharmender Textiles, 306 ITR 307, we find that CIT(A) as well as ITAT have not cancelled penalty on the ground of mens rea, therefore, the judgment of the Apex Court in this case is not applicable to the facts of the case under consideration. Contrary to that, the case under consideration is covered by the judgment of the Apex Court in the case of Reliance Petroproducts P. Ltd. Cited supra. In the light of above discussion, we hereby cancel the penalty levied u/s 271(1)(c) of the Act.

‘False and frivolous, submissions by CIT (DR) before ITAT constitute ‘criminal contemp’ and justify recovery of costs from salary

September 1, 2011 6057 Views 0 comment Print

CIT (DR)- XII, ITAT Vs. Simoni Gems (ITAT Mumbai) -In appeal assessee raised preliminary objection that the notice u/s 143(2) was not issued within the prescribed period of 12 months and AO accepted that the notice under 143(2) notice was not been issued in time. Accordingly, the Tribunal, relying on Hotel Blue Moon 321 ITR 362 (SC), dismissed the department’s appeal without going into the merits of the appeal.

Dividend income derived by assessee from a company in Malaysia not liable to be taxed in the hands of the assessee in India under any of the provisions of the Act – SC

September 1, 2011 700 Views 0 comment Print

Dy. Commissioner of Income Tax Vs. Torqouise Investment & Finance Ltd. (Supreme Court of India)- Whether ITAT was justified in holding that dividend income earned by the Assessee amounting to Rs. 21,35,766/- from a Company called Pan Century Edible Oils SDN, BHD. Malaysia is not liable to be taxed in the hands of Assessee in India under any of the provisions of the Income Tax Act?

Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Singapore

September 1, 2011 568 Views 0 comment Print

Notification No. 47/2011 – Income Tax Section 90 of The Income-Tax Act, 1961 – Double Taxation Agreement – Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Singapore – Second Protocol amending said Agreement – NOTIFICATION NO. 47/2011 [F. NO. 500/139/2002-FTD-II], DATED 01-09-2011

Customs – On-site Post Clearance Audit (OSPCA) – CBEC Chairman Allays Apprehensions

September 1, 2011 1850 Views 0 comment Print

At the outset. I would like to inform you categorically that for the present the scheme will not be applied to exporters. OSPCA will be implemented in a phased manner beginning only with importers who avail the Accredited Clients Programme (ACP). Other categories of importers would be covered in subsequent phases but even then, taking into account administrative costs of conducting OSPCA and the nature and size of the business It is not intended to cover all importers and the present Custom House Audit shall continue side-by-side with OSPCA I may add that OSPCA would require an effective Risk Management System (RMS) as an essential prerequisite, which is so far not even introduced on the export side.

How to download Consolidated TDS/TCS statement for preparing Correction Returns

September 1, 2011 13942 Views 0 comment Print

Deductors / collectors are required to furnish a quarterly TDS / TCS statement as per guidelines of the Income Tax Department (ITD). For any update in the quarterly TDS / TCS statement, a correction statement is furnished by the deductor / collector. Correction statement is prepared on the latest statement details (accepted) at TIN central system. To facilitate the deductor to ensure that the deductor uses the latest statement, request for TDS/TCS statement can be made online at TIN website. TDS/TCS statement (consolidated) provided by TIN will include all the updates done vide correction statements (accepted at TIN central system) filed by deductor/collector. Consolidated TDS/TCS statement will be available for:

eTDS Correction Returns – Common reasons for rejection of TDS Returns and solution for the same

September 1, 2011 51675 Views 12 comments Print

Correction Returns of TDS statements filed may in certain cases be rejected by the department. There are a number of common reasons of rejection of Correction returns. In some cases persons are unable to find the exact cause of rejection even after having tried all possible methods. Below is a list of most common errors or rejection of ETDS revised return given as under for your ready reference along with remedial action. We hope that after implementing the suggestions given below you may not have to file any more correction statements in respect of TDS returns file by you.

Download Form 3CD, 3CA, 3CB and Caro Report in Excel

September 1, 2011 48048 Views 0 comment Print

Download Form 3CD with annexures, 3CA, 3CB and Caro Report in Excel Format (Updated) – 3CA, 3CB, 3CD, Caro

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