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Archive: 2011

Posts in 2011

No disallowance under s 40(a)(ia) can be made for non-deduction of tax under s 194C in absence of a continuous contract, oral or written

July 7, 2011 2556 Views 0 comment Print

Dy. CIT v Niten Hasmukhbhai Shah (ITAT Ahemdabad)- Since the finding of Ld. CIT(A) that there was no oral or written contract with the assessee and the Roopal Roadways which is confirmed by the clarificatory certificate issued by Roopal Roadways, was not disputed by the Revenue at the time of hearing before us, we find no infirmity in the order passed by Ld. CIT(A) holding that provision of section 194C(3) of the Act are not applicable in this case and consequently no addition u/s 40(a)(ia) can be made.

Exploitation of immovable property by way of complex commercial activities is business income

July 7, 2011 2838 Views 0 comment Print

ITO vs. Shanaya Enterprises (ITAT Mumbai) – Merely because income is attached to any immovable property cannot be the sole factor for assessment of such income as income from property; what has to be seen is what was the primary object of the assessee while exploiting the property. If it is found, applying such test, that main intention is for letting out the property, or any part thereof, the same must be considered as rental income or income from property. In case, it is found that the main intention is to exploit the immovable property by way of complex commercial activities, in that event, it must be held as business income.

Frequently Asked Questions (FAQs) on Fast Track Exit Mode

July 7, 2011 1664 Views 0 comment Print

What is Fast Track Exit (FTE) Mode? Ministry has issued Guidelines for ‘Fast Track Exit (FTE) Mode’ to give opportunity to the defunct companies to get their names struck off from the register under Section 560 of the Companies Act, 1956 in time bound manner. What is the date of implementation of these Guidelines? The Guidelines will be implemented with effect from 3rd July, 2011.

MODIFICATION OF SION C-1058 under Engineering Product Group

July 7, 2011 811 Views 0 comment Print

Under SION C-1058, till now, only Tubular Bags (Gaunlet) were permitted as an input at Sl No. 3 of the SION. Now, this is modified to permit an alternate item i.e. relevant sewn Gaunlet cloth. There is no other change.

Taxmen Now Eye Jewellery Purchases

July 6, 2011 3127 Views 0 comment Print

Recently, Income Tax Department searched a large number of private lockers and vaults in the city which resulted in unearthing of unaccounted or unexplained jewellery, gold, diamonds and cash in the lockers belonging to people whose whereabouts are not known ie, benami holdings. While this was going on, separately, Income tax department has made it mandatory for all high value buyers of jewellery to declare or mention their Income tax Permanent Account Number (PAN) to the dealer from whom such purchases are made.

Small Scale Unit (SSI) and Clubbing of Turnover

July 6, 2011 30716 Views 0 comment Print

While presenting his budget proposals for 2011-12 on 28th February 2011 the Finance Minister Shri Pranab Mukherjee proposed certain changes in the Central Excise rate structure to prepare the ground for the transition to GST, beginning with a reduction in the number of exemptions. He accordingly withdrew the exemption on 130 of these items and levied a nominal Central Excise duty of 1 per cent on these 130 items that entered the tax net. The manufacturers of these items were granted the benefit of the SSI exemption. The scheme of SSI exemption is governed by notification 8/2003 the salient features of which are discussed hereunder.

Constitution of Senior and Junior Standing Counsels for handling Indirect Tax Cases before HC

July 6, 2011 672 Views 0 comment Print

Constitution of panel of Senior Standing Counsels and Junior Standing Counsels for handling cases of Indirect Taxation cases before the Hon’ble High Courts/other Judicial forums

CBI registers a case against the then Additional Central Provident Fund Commissioner and eight officers of EPFO

July 6, 2011 2735 Views 0 comment Print

The Central Bureau of Investigation has registered a case u/s 120B IPC r/w 420 IPC and 13(2) r/w 13(1)(d) of P.C. Act 1988 against the then Additional Central Provident Fund Commissioner and other 8 then officers of EPFO Delhi who had entered into a criminal conspiracy with Managing Directors, two Director & one General Manager, HR of Delhi based private firm. In pursuance to this criminal conspiracy the accused allegedly created false records in respect of certain employees engaged, inflated the number of excluded employees, manipulated the period of engagement of employees and thereby manipulated the amount of Provident Fund liability which was due and payable by the said private firm.

Draft Guidelines on Equity Investments by scheduled commercial banks in subsidiaries and other companies

July 6, 2011 1114 Views 0 comment Print

Following the announcement in the Second Quarter Review of Monetary Policy 2010-11 (paragraph 107) that guidelines stipulating the prudential limits to regulate the investment of banks in companies engaged in forms of business other than financial services will be issued separately, the Reserve Bank of India the Reserve Bank of India today released on its website, Draft Guidelines on Equity Investments by scheduled commercial banks in subsidiaries and other companies for comments and feedback.

FM Says Major Challenge in Short Term is Inflation and Government Takes Various Steps to Contain it

July 6, 2011 858 Views 0 comment Print

The Union Finance Minister Shri Pranab Mukherjee said that during the global financial crisis of 2008, our GDP growth rate lowered to 6.8 per cent in 2008-09 but the economy rallied back with an 8 per cent growth in 2009-10. Shri Mukherjee said that the overall GDP growth in 2010-11 was estimated at 8.5 per cent and there is no reason why this momentum cannot be maintained in fiscal 2011-12 and improved further in the coming years.

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