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Archive: 2011

Posts in 2011

VAT Cir – 3T of 2011 – Extention of Due date for Filing Form 704 for FY 2009-10

January 31, 2011 2435 Views 0 comment Print

The representations from various Trade and Association have been received with a request to extend the due date for submission of Audit Report in Form-704. The issue has been examined. Accordingly, it has been decided to extend the due date for submission of the Audit Report in Form 704 for the period 2009-10 from 31st January 2011 to 15th February 2011.

Excise Duty Refund under subsidy scheme is capital receipt and not taxable

January 31, 2011 4538 Views 0 comment Print

M/s Shree Balaji Alloys vs. CIT (J&K High Court)- The finding of the Tribunal on the first issue that the Excise Duty Refund, Interest Subsidy and Insurance Subsidy were Production Incentives, hence Revenue Receipt, cannot be sustained, being against the law laid down by Honble Supreme Court of India in Sahney Steel and Ponni Sugars cases (supra). The finding of the Tribunal that the incentives were Revenue Receipt is, accordingly, set aside holding the incentives to be Capital Receipt in the hands of the assesses.

Notification No. 7/2011 – Customs (N. T.) Specify tariff on Crude/CBD Palm Oil/Palmolein, Poppy seeds, Brass Scrap etc

January 31, 2011 603 Views 0 comment Print

In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do, hereby makes the following further

Maharastra Profession Tax – Mandatory e-return for PTRC Monthly filers

January 31, 2011 4069 Views 0 comment Print

Maharastra Profession Tax – Mandatory e-return for PTRC Monthly filers Notification No – PFT-1011/CR11/Taxation-3 Mandatory e-return for PTRC Monthly filers

Government of India issues revised guidelines on Conference Visa

January 30, 2011 741 Views 0 comment Print

The Indian immigration laws provide for grant of a special type of visa known as ‘conference visa’ to foreign nationals who intend to visit India for attending a conference, seminar or workshop. The Ministry of Home Affairs (‘MHA’), Government of In

Outsourced clinical trial expenditure is not eligible for weighted Research and Development deduction

January 30, 2011 1335 Views 0 comment Print

The Tribunal has interpreted the wordings of Section 35(2AB) and concluded that the Section only allows weighted deduction in respect of in-house Research and Development facility. Any expenditure incurred outside the Research and Development facilit

Software industry – will the new notifications reignite the controversy?

January 30, 2011 549 Views 0 comment Print

Recently, the government issued fresh set of notifications rescinding the earlier ones which granted exemption from payment of Service tax on canned / packaged software if Excise duty / Customs duty (CVD) was paid. Similar set of exemption notificati

Withholding tax not required on payment to non-resident agents of artists in absence of a permanent establishment

January 30, 2011 2909 Views 0 comment Print

In a recent ruling, the Mumbai Income-tax Appellate Tribunal (the Tribunal), in the case of Wizcraft International Entertainment Pvt. Ltd. (the assessee) held that commission paid by an entertainment event management firm in India to a UK based

Setting-off of sundry debtors against sundry creditors and applicability of TDS on payment for use of computer system to

January 30, 2011 14145 Views 0 comment Print

In a recent decision, in the case Menlo Worldwide Forwarding India Pvt. Ltd. v. DCIT [2010-T11-164-ITAT-DEL-INTL](the “assessee”), the Delhi Income-tax Appellate Tribunal (the “Tribunal”) held that the recording the setting-off of sundry debtors agai

Prepayment of sales tax deferral loan on payment of net present value of future liability cannot be classified as remission

January 30, 2011 10541 Views 0 comment Print

In a recent ruling, in the case of Sulzer India Ltd. v. Jt. CIT [2010-TIOL-670-ITAT-MUM-SB] , the Special Bench of the Mumbai Income-tax Appellate Tribunal (the “Tribunal”) held that prepayment of deferred sales tax liability on the Net Present Value

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