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Archive: 2011

Posts in 2011

CA Certificate has no decisive impact on taxability of non-residents income

September 17, 2011 3104 Views 0 comment Print

DCIT Vs Rediff.com India Limited (ITAT Mumbai) – Certificate issued by a Chartered Accountant has no decisive impact on tax ability of income in the hands of a non-resident but it is only prima-facie evidence about the tax ability.

Claim of bad debts allowable even if debts are of the same year – ITAT Mumbai

September 17, 2011 17121 Views 0 comment Print

DCIT Vs Rediff.com India Limited (ITAT Mumbai)- A.O. disallowed the claim of bad debts on the ground that the transactions pertain to the current year and the same was written off by the assessee in the same year itself.

E-filing of Service Tax Return and E-payment of Service Tax – Latest Provisions

September 17, 2011 8106 Views 0 comment Print

In this Article Author has discussed latest Provisions related to Compulsory E-Filing of service tax Return , Pr-requisite for e-filing, How to file Return electronically, Methods of filling the return electronically, Penalty for Late Filing of ST -3 (Service tax Return) , Due Date for Payment of Service tax Electronic and Procedure involved in making e-payment of service tax.

TDS / TCS Default Us. 201(1) – Mismatch U/s. 200A – Nature & Remedies

September 17, 2011 4705 Views 0 comment Print

TDS IS NOT TEDIOUS – In this Article we will discuss the Reason , Types of Default, How to Correct and Advantage of Correction in Respect of TDS / TCS Default Us. 201(1) and Mismatch U/s. 200A of the Income Tax Act, 1961.

Now pay advance tax of VAT in Punjab ; Is it justified?

September 17, 2011 1868 Views 0 comment Print

Recently entry tax in Punjab was stayed by P&H High Court in Bhushan Steel case. In that case the State Govt contested the writ petition challenging constitutionality of Punjab Tax on Entry of Goods into Local Areas Act, 2000 by stating that entry tax under the said Act is being collected as an advance tax of VAT, however the High Court held that without there being any taxable event of sale or purchase of goods taking place within the territorial jurisdiction of the State, claim that Section 3-A of the Entry Tax Act is merely a machinery provision providing for collection of advance VAT tax is prima facie merit less.

Transfer pricing provisions would be applicable to a transaction entered with an unrelated entity which is deemed associated enterprise

September 17, 2011 5249 Views 0 comment Print

Diageo India Private Limited Vs. DCIT (ITAT Mumbai)- ITAT held that the contractor of bottling unit of the taxpayer and the overseas Diageo group entities are Associated Enterprises (AEs) and transaction entered between them are covered by the provisions of the Indian transfer pricing regulations.

Payment made for supply of software is not ‘royalty’ since it is copyrighted software and not copyright in the software

September 16, 2011 1267 Views 0 comment Print

DCIT v. ABAQUS Engineering Pvt Ltd (ITAT Chennai) – Recently, the Chennai Bench of Income-tax Appellate Tribunal in the case of ABAQUS Engineering Pvt Ltdheld that the payment made for supply of software is not ‘royalty’ since it is ‘copyrighted software’ and not copyright in the software. The Chennai Tribunal relied on the Mumbai Tribunal’s decision of TII Telecom International Pvt Ltd and Delhi Tribunal Special Bench decision of Motorola Inc, where it has been held that the supply of software does not amount to any transfer of copyright but only transfer of copyrighted article.

Trade Notice No. 20, Dated: 16.09.2011

September 16, 2011 747 Views 0 comment Print

DGFT Trade Notice No. 20, Attention is invited to Public Notice Nos. 67/2009-2014 (RE 2010) and 68/2009-2014 (RE 2010) restoring the DEPB benefit on export of “Cotton yarn including Melange yarn” and “Cotton”. During the period from 21.4.2010 to 04.08.2011, DEPB was not available on export of “Cotton yarn including Melange yarn” and on export of “Cotton” from 21.04.2010 to 04.08.2011.

Schedule of all Industry Rates of Duty Drawback (2011-12) to be Notified Soon

September 16, 2011 2060 Views 0 comment Print

The Government of India will shortly be notifying the schedule of AIR (All Industry Rates) of duty drawback for the year 2011-12. In this regard, the Government had constituted a Committee in January 2011 under the chairmanship of Shri Saumitra Chaudhuri, Member, Planning Commission for formulation of AIR of Duty Drawback. In view of the Government’s decision to bring the DEPB scheme to an end by 30th September this year, the Committee had also been entrusted with the added responsibility of recommending drawback rates for those commodities which have traditionally been exported under DEPB (Duty Entitlement Passbook) Scheme .

Payment of statutory dues, salary and wages in 10 sick / loss making CPSEs under the Department of Heavy Industry

September 16, 2011 985 Views 0 comment Print

The Cabinet Committee on Economic Affairs today approved the proposal for providing non-plan budgetary support of Rs. 59.72 crore for liquidation of statutory dues and salary and wages from 1.1.2011 to 31.3.2011 in respect of 10 sick / loss making CPSEs under the Department of Heavy Industry. A list of these CPSEs is given below.

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