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Archive: November, 2011

Posts in November, 2011

Orders Appointing Income Tax Ombudsmen in 5 cities

November 14, 2011 6215 Views 0 comment Print

rtment of Revenue, Ministry of Finance has, vide office order Nos. 299 to 303, all dated 8.11.2011 notified the appointments of Ombudsman at Bangaluru, Ahmedabad, Mumbai, Lucknow and New Delhi. OFFICE ORDER NO.303/2011-Ad.I (appointment of I.T. Ombudsman at New Delhi) -Dated : 08/11/2011

Notification No. 100/2011-Customs, Dated-14th November, 2011

November 14, 2011 694 Views 0 comment Print

hereas, the designated authority vide notification No. 15/4/2011-DGAD, dated the 4th October, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 4th October, 2011

Amends the existing baggage Rules by extending the benefit to passengers coming from Bhutan and Nepal also -Notification No. 77 /2011-Customs (N.T.)

November 14, 2011 1984 Views 0 comment Print

In exercise of the powers conferred by section 79 of the Customs Act, 1962 (52 of 1962), the Central Government makes the following rules further to amend the Baggage Rules,1998, namely :- 1. (1) These rules may be called the Baggage (Amendment) Rules, 2011. (2) They shall come into force on the date of their publication in the Official Gazette.

TPAs to deduct TDS u/s.194J on payment to hospital, No penalty u/s. 271C for non deduction

November 14, 2011 32564 Views 0 comment Print

Vipul Medcorp TPA Pvt Ltd & Ors v. CBDT (Delhi High Court)-The High Court held that payments made by the insurance company or the TPAs could be in the nature of business expenditure as per accounts/books maintained by them. However, tax has to be deducted under Section 194J of the Act if the payment is made to a resident person towards fees for professional services. Further, the nature of payment in the hands of the payee/recipient is relevant and that determines whether tax needs to be deducted or not. Section 194J of the Act does not specify that the payer must have availed and taken benefit of the professional services.

Transfer of shares by initial subscribers to a MOA does not amount to a change in shareholding as per section 79 of the Income-tax Act, 1961 and therefore, benefit of brought forward loss is available

November 13, 2011 10907 Views 0 comment Print

ITO V. M/s. S-Net Freight (India) P. Ltd. (ITAT Chennai) – The Tribunal order has recognised that beneficial ownership and legal ownership could be different and for the purpose of section 79 of the Act, the beneficial ownership was relevant. Accordingly, share transfers by nominees or trustees of the beneficial owner would not trigger the provisions of section 79 of the Act while the beneficial ownership did not change beyond 51 percent.

Understanding Transfer Pricing With Latest Case Laws Part 2

November 13, 2011 5481 Views 0 comment Print

Now a days, during transfer pricing assessment , the TPO are coming with unique ideas like valuation of intangibles , corporate guarantees, ratings provided by CRISIL etc. this all leads to corporate in a mysterious situation. Below are the summarized form of the latest judicial pronouncements on transfer pricing which will help corporate in better benchmarking of their international transactions with their foreign associate enterprises.

Download Master file of employee's database

November 13, 2011 16634 Views 0 comment Print

This File Contains features like retirement reminder, salary computation as per Provident Fund (PF) and ESIC , Attendance Sheet, Employee Details Etc. Master File of employee database

MCA – Establishment of ROC-cum-Official Liquidator offices

November 13, 2011 2161 Views 0 comment Print

In exercise of the powers conferred by sub-sections (1) and (2) of section 609 and section 448 of the Companies Act, 1956 (1 of 1956), the Central Government hereby establishes the following offices of the Registrar of Companies–cum-Official Liquidator at the places having territorial jurisdictions as stated there against for discharging the functions of the Registrar of Companies as well as Official Liquidator under the various provisions of the said Act. Place where the office of the Registrar of Companies –cum- Official Liquidator is to be situated (Jurisdiction of such office)

Quantum/Manner of computing remuneration should be stipulated in partnership deed

November 12, 2011 7220 Views 0 comment Print

Sood Brij & Associates vs. CIT (Delhi High Court) -On reading the supplementary partnership deed, in the present case, it is clear that the remuneration is not specified. The manner of computing the remuneration is not specified. On the other hand, the remuneration payable is left to future mutual agreement between the partners who are entitled to decide and quantify the quantum. Remuneration can be any amount or figure but not more than the maximum amount stated in Section 40(b)(v) of the Act. Therefore, the requirements of Section 40(b)(v) are not satisfied.

Excise duty Refund eligible for deduction u/s. 80IB(1)

November 12, 2011 11643 Views 0 comment Print

ACIT vs. The Total Packaging Services (ITAT Mumbai)- The payment of Central excise duty has a direct nexus with the manufacturing activity and similarly, the refund of the Central excise duty also has a direct nexus with the manufacturing activity. The issue of payment of Central excise duty would not arise in the absence of any industrial activity. There is, therefore, an inextricable link between the manufacturing activity, the payment of Central excise duty and its refund. So Assessee is eligible to deduction u/s. Sec. 80IB(1) on Excise Duty Refund/Modvat Credit.

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