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Archive: 05 November 2011

Posts in 05 November 2011

Service Tax – Security Services provided at residential quarters of workers is not input service

November 5, 2011 2184 Views 0 comment Print

In the present case, the act of providing residential quarters by the manufacturer to its employees was voluntary. Providing further security service in such residential quarters was also an act voluntary in nature. No connection between the security service provided by the manufacturer in the residential quarters maintained for the workers as having any direct or indirect relation in the activity of manufacture of the final product. Revenue Appeal allowed

Satyam Scam – SC grants bail to B. Ramalinga Raju and his brother B. Rama Raju

November 5, 2011 7375 Views 0 comment Print

The Supreme Court Friday granted bail to erstwhile Satyam Computers Services Ltd founder-chairman B. Ramalinga Raju, his brother B. Rama Raju and staffer V. Srinivas.  An apex court bench of Justice Dalveer Bhandari and Justice Dipak Misra said from the facts of the case and considering the totality of the circumstances, it was appropriate to […]

Gujarat government decides to simplify the VAT (Value Added Tax) registration procedure

November 5, 2011 2254 Views 0 comment Print

The new procedure will come into effect from December 1, said Minister of State for Finance, Saurabh Patel. Under the new procedure, a provisional VAT number will be generated and issued within three days of receiving the application, an official release said. Patel said that Permanent VAT number will be issued after physical verification of the workplace within 60 days of issuing the provisional number.

Replacement of parts of an existing machinery in the course of their working will be a revenue expenditure

November 5, 2011 15322 Views 0 comment Print

CIT Versus Super Cassettes Industries Ltd. (Delhi HC) – It was contended that mould an necessary input for making the desired plastic components. These moulds have to be replaced over a period of time due to normal wear and tear. The assessee used to purchase new injection moulding machine. Moulds purchased alongwith such new machines are capitalized by it alongwith the cost of new injection moulding machine. However, if moulds only are replaced then it claimed the expenses representing the value of replaced mould as revenue expenses

Assessee can set off brought forward losses even if he do not file the return of subsequent years within time required u/s.139(1)

November 5, 2011 9236 Views 0 comment Print

In our considered opinion, the authorities below were not justified in not granting the set off of the brought forward business loss for the reason that the requirement to file return within the time prescribed u/s.139(1) is for carrying forward the loss. Once loss is determined in the return file u/s.139(3), the assessee becomes eligible for set off against the income of the subsequent years irrespective of the fact whether the returns of such later years are filed u/s.139(1) or not. Sec. 80 read with sec. 139(3) requires the submission of return for loss before the due date.

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