Bhagwan Dass Bansal Vs ITO (ITAT Delhi)- In the case of Commissioner of Income-tax vs. Multiplan India (P) Ltd.; 38 ITD 320 (Del), the appeal filed by the revenue before the Tribunal, which was fixed for hearing. But on the date of hearing nobody represented the revenue/appellant nor any communication for adjournment was received. There was no communication or information as to why the revenue chose to remain absent on that date. The Tribunal on the basis of inherent powers, treated the appeal filed by the revenue as un-admitted in view of the provisions of Rule 19 of the Appellate Tribunal Rules, 1963.
Plea of the assessee that while making the payment wrong service tax code relating to erection, installation and commissioning, indicated merits to be considered and having regards to facts of the case and Board’s Circular No. 58/7/2003-ST, dated 20.05.03 issued from F.No.l59/2/2003-CX-4 and therefore adjustment of payment in the correct account code are allowed. If so, the Board’s circular dated 20.05.03 (referred supra) as a payment should be admissible. .
Jalan Finvest Pvt. Ltd., Kolkata Vs. (ITO) (ITAT Kolkata)- In ground no. 3 raised by assessee it was mentioned that the revised computation at the time of assessment was not considered. However it is observed from the impugned order that the ld. CIT(A) has mentioned the grounds raised by assessee as well as written submissions filed by assessee. But he disposed of two grounds i.e. the first issue which relates to disallowance of service tax by allowing the ground of assessee and the second issue in respect of disallowance of office maintenance has been dismissed by observing that assessee has not pressed this ground and submitted a letter in this regard.
As the Rupee slides to new low against the dollar, NRIs are making a beeline to send the remittances back home. The leading bankers in Dubai say the expatriate Indians are opting for personal loans, cash advances through credit cards and salary advances to remit money back home. Some have even resorted to mortgaging properties to raise loans and send the money back to India. Some banks have also come out with attractive features like special money transfer rates and discounted charges to India.
The Government of India has, in exercise of the powers conferred by Sec. 28A of the Chartered Accountants Act, 1949, constituted a Quality Review Board to perform the following functions:- (a) to make recommendations to the Council with regard to the quality of services provided by the members of Institute; (b) to review the quality of services provided by the members of the Institute including audit services; and (c) to guide the members of the Institute to improve the quality of services and adherence to the various statutory and other regulatory requirements.
The Indirect Taxes Committee of the Institute has submitted the Pre-Budget Memorandum, 2012 relating to Indirect Taxes to the Ministry of Finance on 7th December, 2011. The Memorandum contains suggestions on various issues in the area of indirect taxes with a view to make tax laws simple, fair and transparent.
Anand Sharma, Commerce, Industry and Textiles Minister, clearly spelt out India’s position on some of the new ideas that have been proposed in the current WTO round as a possible way forward. Ruling out any freezing of the custom duties at the current levels (Tariff standstill) he stated that this amounted to the developing countries ceding their policy space and being denied any recognition for their autonomous liberalization. Besides unhinging the negotiated formula on tariff reductions it would force the developing countries to take on commitments going much beyond what was envisaged for at the end of the Doha Round.
CIt Vs. Sayaji Industries Ltd (Gujarat High Court)- There were voluminous records suggesting that the LGDA is not only the sole selling agent of the assessee, but it also does not undertake any other task except to promote the sales of the assessee company. Additionally, the assessee has larger number of customers and the LGDA supports such customers and maintains its agents and branches across the country. In view of such complex set up, between the assessee and the LGDA, we are of the opinion that the Tribunal committed no error in accepting the entire commission paid to LGDA.
The Employees’ State Insurance Corporation today in its 154th meeting approved its Annual Report and Annual Accounts for the year 2010-11. The Corporation also approved the Annual Report and Annual Accounts 2010-2011 of the Corporation for submitting to the Central Government and laying on the table of both Houses of the Parliament.
CIT Vs. Smt. Shaila Agarwal (Allahabad High Court ) – he second proviso to Section 153A of the Act, refers to abatement of the pending assessment or re-assessment proceedings. The word ‘pending’ does not operate any such interpretation, that wherever the appeal against such assessment or reassessment is pending, the same alongwith assessment or reassessment proceedings is liable to be abated. The principles of interpretation of taxing statutes do not permit the Court to interpret the Second Proviso to Section 153A in a manner that where the assessment or reassessment proceedings are complete, and the matter is pending in appeal in the Tribunal, the entire proceedings will abate.
