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Archive: 2011

Posts in 2011

Govt plan to cover more services under service tax net

July 18, 2011 1172 Views 0 comment Print

The Finance Ministry plans to bring more professions in the services sector under the tax net, a senior bureaucrat said here on Monday. He was speaking at a service tax-related event organised by the Associated Chambers of Commerce and Industry of India.

300 Political Parties not Filed IT Return, EC asks CBDT to issue notices

July 18, 2011 1163 Views 0 comment Print

A country-wide probe conducted by the Income Tax department has found that close to 300 registered political parties have never filed their tax returns and the Election Commission has now asked the department to issue notices to them. The probe, conducted after the EC asked the Central Board of Direct Taxes (CBDT) to ascertain the financial status of these small parties for alleged violation of tax laws and money laundering, has been submitted to the election Panel.

Black money – Indians had deposits of about $2.5 billion in swiss banks

July 18, 2011 1166 Views 0 comment Print

The Swiss National Bank, the central bank of Switzerland, has estimated that Indian clients had deposits of about $2.5 billion in banks in the European nation in 2010. This is just a fraction of the $1.5-trillion figure that had been projected by political parties and non-governmental organizations, who have attacked the UPA government with their anti-corruption movement over the last few months.

Lease rentals earned by a developer of Software Technology Park should be treated as business income

July 17, 2011 2180 Views 0 comment Print

DCIT v. Golflink Software Park P Ltd. (ITAT Bangalore) – The taxpayer was not only letting out its building for rent, but also carried on a complex commercial activity of setting up a software technology park in which various amenities and fit-outs have been provided. The Tribunal relied on the Supreme Court’s decision of CIT v. National Storage Pvt Ltd [1967] 66 ITR 596 (SC).

Essential to prove involvement in physical activities of erection and commissioning of power project to be taxed under special provisions

July 17, 2011 489 Views 0 comment Print

Voith Siemens Hydro Kraftwerkstechnik GMBH & Co KG Vs. DDIT (ITAT Delhi)- The Tribunal observed that even though in the contract between the taxpayer and OHPC, the term supervision has been given a specific meaning, the conduct of the taxpayer was not supported by any evidence to demonstrate that it had done any thing other than „supervision‟ as understood in its general meaning.

India Enters into Social Security Agreement with the French Republic

July 17, 2011 945 Views 0 comment Print

The Government of India has entered into an Agreement on Social Security with the French Republic. Following the principles of reciprocity this agreement is intended to benefit the employees and employers of both India as well as France. The Agreement has come into force w.e.f. 1s` July, 2011.

Supply of spares used in prospecting for, or extraction or production of mineral oils in turnkey contract – whether eligible for presumptive taxation

July 17, 2011 927 Views 0 comment Print

G&T Resources (Europe) Ltd. v. DDIT (ITAT Delhi)- The receipts for supply of spare parts used in prospecting for, or extraction or production of mineral oils in the turnkey contract are eligible for presumptive taxation under section 44BB of the Income Tax Act, 1961. It may be noted on the facts of the present case, the supply of spare parts was indivisible part of the entire repair/ revamp contract.

Sharp Business Systems (India) Ltd. vs. DCIT (ITAT Delhi)

July 17, 2011 2030 Views 0 comment Print

M/s Sharp Business Systems (India) Ltd. vs. DCIT (ITT Delhi)- The Tribunal held that payment made to ward off competition, under a covenant of non-compete, was to get established in the market and to acquire the market as per the facts of the case. The payment made was of a capital nature but could not be considered as an asset.

Assessee not entitled to waiver of interest under s 234B and 234C on account of the non-adjustment of seized cash by the department against the tax liability

July 17, 2011 3586 Views 0 comment Print

Manharbhai Muljibhai Kakadia Vs UoI (Gujrat HC at Ahemdabad) Whether the assessee is entitled to waiver of interest u/s 234B & 234C relying on the circular dated 23.05.2006 in which waiver is given on account of non-adjustment of seized cash by the department against the tax liability though at the time of making of application of waiver such circular was superseded by circular dated 26.06.2006 in which no such waiver was permitted. – Assessee’s appeal dismissed.

S. 271FA Penalty justified for delayed filing of AIR return without reasonable explanation

July 17, 2011 931 Views 0 comment Print

It is noticed that the respondent issued a notice to the petitioner under section 271FA on February 23, 2010, requiring him to attend his office on March 11, 2010, and show cause as to why the penalty under section 271FA should not have been imposed upon him for failure to file the annual information returns within the prescribed time.

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