"November, 2011" Archive

Rs. 45 crore tax exemption to ICC for World Cup unjustified

The Rs. 45 crore tax exemption given to the ICC on the revenue generated from this year's cricket World Cup here was unjustified and devoid of merit, the Standing Committee on Finance has concluded in an inquiry. ...

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Posted Under: Income Tax |

Refund cannot be adjusted against demand on disputed issues covered by earlier orders of ITAT or CIT (Appeals)

Maruti Suzuki India Limited Vs M/s Deputy Commissioner of Income Tax (Delhi High Court)

Maruti Suzuki India Limited vs. DCIT (Delhi High Court)- HC held that reliance on the negative order passed by the Dispute Resolution Panel (DRP) by the tax department is not a valid ground for not staying the demand where issues are covered by the order of the Commissioner of Income-tax (Appeals) [CIT(A)] or the Income-tax Appellate Trib...

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High Court has no Power to entertain grounds not raised before tribunal

C & C Construction Pvt. Ltd. Vs Commissioner of Income Tax (Delhi High Court)

C& C Construction Pvt Ltd vs. CIT (Delhi High Court)- Clause (a) of sub-Section (6) to Section 260A of the Act states that the High Court may decide an issue, which is not determined by the Appellate Tribunal. The word determined means that the issue is not dealt with, though it was raised before the Tribunal. The word determined presuppo...

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XBRL Filing due date extended to 31.12.2011 or 60 days from due date, whichever is later

General Circular No. 69/2011 30/11/2011

In partial modification of Para 1 of the Ministry's Circular no. 57/2011 dated 28.07.2011, the last date for filing financial statements in XBRL mode without any additional fee due to delay by those Phase-I class of companies (excluding exempted class) whose Balance Sheet date for FY 2010-11 is on or after 31.03.2011, has been extended u...

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Transfer pricing is founded on the principles of economic substance and hence, it is fact specific – ITAT Pune

Bind view India P. Ltd. Vs. DCIT (ITAT Pune)

Bindview India P. Ltd. Vs. DCIT (ITAT Pune)- In light of Pune bench’s decision in the case of Starent Networks (I) P. Ltd. Pune v. DCIT, the assessee’s claim for +/- 5% in order to compute arm’s length price in terms of erstwhile proviso to section 92C(2) of the Act is accepted. Provisions of sub-Rule (4) of Rule 10B are quite expli...

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ICAI appeals for Empanelling as a Peer Reviewer with the Peer Review Board of ICAI

As you would be aware, the Council of the Institute introduced the concept of Peer Review by issuing the Statement on Peer Review in the year 2002. The primary objective behind this was to conduct Peer Review of CA firms (Practice Units) for ensuring as well as improving the quality of Attestation services being rendered by the members i...

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Posted Under: Income Tax |

Cost Accounting Records & Cost Audit – Applicability & Compliance

General Circular No. 68/2011 30/11/2011

In connection with the recently issued circulars/notifications concerning cost accounting records and cost audit, following clarifications are issued: (a) That the companies covered under Companies (Cost Accounting Records) Rules, 2011 shall only file a simple compliance report as per the notified Form-B (copy enclosed) and no other det...

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Empanelment of CA/ICWA for special audit of Service tax Assessees with Service Tax Commissionerate at Delhi

The Service Tax Commissionerate, New Delhi proposes to draw a panel of auditors for conducting special audit under Section 14 AA of the Central Excise Act as made applicable to Service Tax matters by the Chartered Accountants and the Cost Accountants. Please find attached the scanned copy of the Notice for Expression of Interest issued f...

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Posted Under: Income Tax |

Cost Accounting Records and Cost Audit – clarifications about coverage of certain sectors thereunder

General Circular No. 67/2011 30/11/2011

That the Companies (Cost Accounting Records) Rules, 2011 are not applicable to: (i) Wholesale or retail trading activities. (ii) Banking, financial, leasing, investment, insurance, education, healthcare, tourism, travel, hospitality, recreation, transport services, business/professional consultancy, IT & IT enabled services, resea...

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India receives info on around 1,500 transactions from Denmark and Finland under DTAA

India has received information on around 1,500 transactions from Denmark and Finland under Double Taxation Avoidance Agreements with these countries and the CBDT is looking into the data. ...

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Posted Under: Income Tax |

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January 2023