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Archive: 2011

Posts in 2011

Depreciation of the windmills purchased in the same year, prior to the date of search, should be granted in the regular assessment

August 15, 2011 1229 Views 0 comment Print

CIT, Chennai Vs A R Mercantile Pvt. Ltd. (Madras High Court)- The Tribunal accepted the case of the assessee based on the letter issued by the Assistant Executive Engineer of the Tamilnadu Electricity Board, that the windmill was commissioned on 30.09.1995.

Loss incurred from the insurance fund liable to be excluded in computing the actuarial valuation surplus in view of the fact that the income from that Fund is exempt u/s 10(23AAB)

August 15, 2011 1418 Views 0 comment Print

CIT, Mumbai Vs Life Insurance Corporation Of India Ltd.- (Bombay High Court)- The object of inserting Section 10(23AAB) as per the Board Circular No. 762 dated 18th February 1998 was to enable the assessee to offer attractive terms to the contributors.

Address to the Nation by the President of India, H.E. Smt. Pratibha Devisingh Patil on the eve of the 65th Independence Day

August 15, 2011 624 Views 0 comment Print

Today, our nation stands at a threshold. There are important issues on which we must focus, and as we do so, keep in mind that these are times, when we should also be on our guard, about not straying away from our main objective, of strengthening the nation in its many aspects. This is a time for introspection, a time to take well thought out measures, and to prepare well for the future. There have been occasions earlier, when confronted with many questions, we did find answers. The real strength of a nation is judged not by the challenges it faces, but by its responses. Therefore, as we analyze, make policies, legislate, implement schemes and enforce laws, we must not, forget that the purpose of all our efforts is to move on the path of progress while ensuring that morals and ethics in our society do not get eroded.

Powers of Inspection, Search & Seizure under Punjab VAT Act, 2005

August 15, 2011 3158 Views 0 comment Print

Power of inspection, search, and seizure can be easily found to be in every taxation law. The purpose of these powers is always to detect any tax evasion on the part of dealers but these powers are always ancillary to the power of collection of tax of the State and are provided only for the proper collection of tax. While exercising these powers one must keep in mind the objects of such powers.

When Revenue detects unexplained expenditure in the name of doctors of the hospital, Sec 69C additions in the hand of the hospital can be made only after doctors deny receiving such payments

August 14, 2011 1081 Views 0 comment Print

CIT Vs M/s Lakshmi Hospital (High Court Of Kerala At Ernakulum)- In this case also assessee conceded that the unaccounted receipts were collected for payment to doctors attending to patients in the hospital. What we notice is that the department has not made any effort to confront the doctors with the unaccounted payments stated to have been made to them by the hospital which engaged them.

Submitting inaccurate claim would not amount to giving inaccurate particulars, Penalty can not be imposed U/s. 271(1)(c)

August 14, 2011 1782 Views 0 comment Print

CIT Vs Brahmaputra Consortium Ltd (Delhi High Court)- When the assessee accepts the excess depreciation claimed inadvertently and the same being disallowed by the AO, penalty u/s 271(1)(c) is not warranted in such a case.

A.O. cannot issue notice U/s. 148 on the basis of scanty and vague information and material which do not indicate escapement of income

August 14, 2011 7224 Views 0 comment Print

Signature Hotels (P) Ltd. Vs ITO (Delhi High Court)- When the reason recorded for initiation of reassessment proceedings and the information received is extremely scanty and vague, and the material based on which the proceedings are initiated does not indicate escapement of income, the AO will have no jurisdiction to issue notice u/s 148.

Process of lifting water is incidental to manufacture ; Supreme Court decision prevails over Board Circular – SC

August 14, 2011 1762 Views 0 comment Print

Commissioner of Central Excise, Nagpur Vs Gurukripa Resins Private Limited (Supreme Court of India)- Central Excise- manufacture- Rosin and Turpentine- process of lifting water is incidental to manufacture; the operation of lifting of the water from the well to the higher levels, is so integrally connected with the manufacture of “Turpentine Oil” and “Rosin”, that without this activity it is impossible to manufacture the said goods and therefore, the processing of the said raw material in or in relation to manufacture of the said final goods is carried on with the aid of power.

ICAI to submit its report to CBDT next month with its recommendations on tackling issues related to black money

August 13, 2011 952 Views 0 comment Print

The Institute of Chartered Accountants of India (ICAI) will submit a report to the Central Board of Direct Taxes (CBDT) next month with its recommendations on tackling issues related to black money. A nine-member committee is looking into India’s Double Taxation Avoidance Treaty Agreements (DTAAs) with various countries and a report is expected in September, ICAI president G Ramaswamy said today.

Only 6.74 lakh claims for refund of income-tax pending with I-T Department, Tax refunds pull down net direct tax collection by 8 percent

August 13, 2011 1202 Views 0 comment Print

Only 6.74 lakh claims for refund of income-tax are pending with the I-T Department after it launched a special drive to clear the pendencies, Parliament was informed today. Responding to a query in the Lok Sabha, the Finance Minister, Mr Pranab Mukherjee, said while the department does not maintain records on the quantum of income-tax refunds claimed, as of March 31, 2011, approximately 38.26 lakh returns claiming refund were pending for processing.

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