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Archive: 24 February 2012

Posts in 24 February 2012

Booklet on Permanent Account Number (PAN)

February 24, 2012 393 Views 0 comment Print

The provision relating to Permanent Account Number in the Income Tax is of immense importance to the taxpayers as quoting of PAN has been made mandatory for most of the financial transactions. The Department has been receiving a number of queries relating to PAN-particularly question on procedures for PAN application, documents required for PAN application […]

Union Finance Minister’s Speech at Concluding Function of ESIC Diamond Jubilee

February 24, 2012 979 Views 0 comment Print

The Employees’ State Insurance Act, 1948 was the first major legislation in independent India for providing comprehensive Social Security to the workers in the organized sector. The first Prime Minister of India, Pandit Jawahar Lal Nehru inaugurated the ESI Scheme by becoming its first insured Person on February, 24th 1952. Since then, you have come a long way and have covered more than 6 crore beneficiaries with matchless cash benefits and full medical care with no limit on individual expenditure.

No Time Limit to claim Income Tax Refund in respect of TDS on 8 % Relief Bond

February 24, 2012 4003 Views 0 comment Print

Instruction No. 2/2012 Section 119 of the Income-tax Act, 1961 – Instructions to subordinate authorities – Condonation of delay in filing return of income under section 119(2)(b) in case of applicants who have made investment in 8% Savings (Taxable) Bonds, 2003 issued by Government of India and opted for scheme of cumulative interest

Coal Mines Provident Fund Commissioner is a Public Officer / Servant – Supreme Court

February 24, 2012 2710 Views 0 comment Print

Having considered the submissions made on behalf of the Appellant and the Respondent appearing in-person, we are of the view that the judgment and order of the High Court does not require any interference, particularly when the issue raised in this Appeal has already been decided by this Court in Civil Appeal No.1932 of 1982, wherein it was categorically held that the Coal Mines Provident Fund Commissioner is a public servant

Section 80HHC – Face value of the DEPB will be ‘cash assistance’ against export and will fall under Section 28(iiib) of the Act -Supreme Court

February 24, 2012 976 Views 0 comment Print

We have today delivered judgment in Civil Appeal arising out SLP (C) No.26558 of 2010 (M/s Topman Exports v. Commissioner of Income Tax, Mumbai) and other connected appeals setting aside the judgment of the Bombay High Court in Commissioner of the Income Tax v. Kalpataru Colours and Chemicals. We have also delivered a separate judgment in Civil Appeal arising out of S.L.P. (C) No.32450 of 2010 (M/s ACG Associated Capsules Private Limited v. Commissioner of Income Tax, Central-IV, Mumbai) and other connected appeal affirming the judgment of the Delhi High Court in Commissioner of Income Tax v. Shri Ram Honda Power Equip (supra). These two appeals are disposed of in terms of our aforesaid two judgments. There shall be no order as to costs.

Custom Duty – Electronic Automatic Regulators would fall under Chapter sub-heading 9032.89 – SC

February 24, 2012 552 Views 0 comment Print

The Central Government has issued a Notification dated 01.03.2002 and in the said Notification it has classified the Electronic Automatic Regulators under Chapter sub-heading 9032.89. In the present appeal, the Revenue effect is less than Rs.6 lacs and since the Revenue itself has classified the goods in dispute under Chapter sub-heading 9032.89 from 01.03.2002, it may not be necessary for this Court to consider in detail the appeal filed by the assessee. In that view of the matter, for the period after 01.03.2002, in view of the Notification issued by the Central Government, the goods, namely Electronic Automatic Regulators would fall under Chapter sub-heading 9032.89. With this observation and clarification, this appeal is disposed of. No costs.

SC rejects revenue Appeal on the ground that the Revenue has not filed the appropriate papers

February 24, 2012 513 Views 0 comment Print

After hearing the matter for some time, we notice that the Revenue has not produced the order passed by CESTAT dated 10.01.2010 and the only order produced by them is the interim passed by CESTAT and not the final orders against which the appeal had been preferred by the Revenue before the High Court. . In the absence of the order passed by the CESTAT on merits, which has been affirmed by the High Court, it would not be proper for us to decide the lis between the parties. Further, we would be handicapped while appreciating the stand of the Assessee as well as the Revenue, while appreciating the legal issues that the parties would urge before us. In that view of the matter, we reject the appeal solely on the ground that the Revenue has not filed the appropriate papers before this Court. The appeal is disposed of accordingly. Ordered accordingly.

Departmental circulars not binding, Classification Which is beneficial to assesse should be Applied – Supreme Court

February 24, 2012 3564 Views 0 comment Print

No doubt there is a specific entry which speaks of Slagwool and Rockwool under Sub-heading No.6803.00, but there is yet another entry which is consciously introduced by the Legislature under sub-heading No.6807.10, which speaks of goods in which Rockwool, Slagwool and products thereof are manufactured by use of more than 25% by weight of blast furnace slag. It is not in dispute that the goods in question are those goods in which more than 25% by weight of one or more of red mud, press mud or blast furnace slag is used. If that be the case, then, in a classification dispute, an entry which is beneficial to the assessee requires to be applied and the same has been done by the adjudicating authority,

Empanelment with Municipal Co-Operative Bank Ltd., Mumbai for Concurrent Audit

February 24, 2012 3710 Views 0 comment Print

Ours’ is Salary Earner’s Urban Co-operative Bank having working capital Rs.1623.24 crores as on 31.03.2011. We intends to appoint Registered Chartered Accountants/Firm for conducting Concurrent Audit of 21 branches, 5 octroi collection centers and Accounts Section (Head Office) for the financial year 2012-13. Bank has implemented Core Banking Software at its all Branches/Octroi Collection Centers and Accounts Section (Head Office). Concurrent audit is to be carried out accordingly and also examine various aspects connected with the system alongwith guidelines of Reserve Bank of India, Registrar of Co-operative Societies, I.C.A.I as applicable and issued from time to time and policies decided by Board of Directors of the Bank.

Cost Accounting Body – Rules of Verification of Answer Papers

February 24, 2012 907 Views 0 comment Print

A candidate can apply to the Institute within 30 days form the date of declaration of results of examination for verification of answer papers with a fees of Rs.250/- per paper. In case of verification of answer papers only mistake in totaling and omission to examine any answer are checked.

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