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Archive: 28 March 2012

Posts in 28 March 2012

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 18, 2024 5367 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 18, 2024 4578 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

Notification No. 28/2012 – Customs (N.T.) Dated: 28.03.2012

March 28, 2012 1012 Views 0 comment Print

S.O.630 (E) – In exercise of the powers conferred by clause (a) of sub-section (1) of section 7 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.62/94- Customs (N.T.) dated the 21st November, 1994, published in the Gazette of India, Extraordinary, Part-II, section 3, sub-section (ii) vide number S.O. 828 (E) dated the 21st November, 1994

Amendment in rule 12 of Income Tax Rules & substitution of forms Sahaj (ITR-1), ITR-2, ITR-3, Sugam (ITR-4S), ITR-4 AND ITR-V

March 28, 2012 5950 Views 0 comment Print

Notification No. 14/2012-Income Tax In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-

Regarding payment of arrears from Cenvat Credit earned at a later date

March 28, 2012 4586 Views 0 comment Print

Circular No. 962/05/2012-CX Duty payable under rule 8 is on a different footing from duty payable under Section 11A. Duty under Rule 8 is paid after self determination by the assessee unlike Duty payable under Section 11A where generally the duty is determined by the Central Excise officer and the payment is mandated after such determination. There is no time limit prescribed under Section 11A i.e., monthly or quarterly unlike the date prescribed under Rule 8 (i.e., 5th of the next month). Therefore, the restriction on the utilization of the cenvat credit accruing subsequent to the last date of the month or quarter in which the arrears arise, is not applicable to the demands confirmed under Section 11A of the Central Excise Act, 1944.

S. 195 -Reimbursement of Salary to Overseas Parent Company attracts TDS

March 28, 2012 2243 Views 0 comment Print

Centrica India Offshore Private Ltd., (AAR) – It was held that personnel seconded to the Taxpayer, a group company in India, did not become its employees in the absence of an obligation undertaken by the Taxpayer to pay employment costs of such personnel. This was held despite the fact that the Taxpayer exercised control and supervision and was also responsible for the work of the personnel.

Notification No.24/2012-Customs – Seeks to amend Notification 12/2012 – Customs, Dated: 17-.03.2012

March 28, 2012 265 Views 0 comment Print

Notification No.24/2012-Customs In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 12/2012-Customs, dated the 17th March, 2012 which was published in the Gazette of India, Extraordinary, vide G.S.R. 185(E) dated the 17th March, 2012, namely: –

Seeks to amend Notification No.16/2011-Cus (N. T.), Dated: 01.03.2011

March 28, 2012 1069 Views 0 comment Print

Notification No. 27/2012 – Customs (N.T.) In exercise of the powers conferred by section 11 of the Customs Act, 1962 (52 of 1962), the Central Government on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 16/2011-Cus (N. T.), dated, the 1st March,2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 155 (E), dated the 1st March,2011, namely:-

Extension of exemption U/s. 10B available to units existed prior to 01.4.1999

March 28, 2012 3289 Views 0 comment Print

In AY 1999-2000, before expiry of the original time limit of five consecutive assessment years for which deduction was available as per then applicable law, the amended law became applicable and the assessee was accordingly eligible for deduction for the extended period of 10 years, as against 5 years allowed under the preamended law.

Budget 2012 – Service Tax on Construction Industry

March 28, 2012 6814 Views 0 comment Print

works contract means a contract wherein transfer of property in goods involved in the execution of such contract is leviable to tax as sale of goods and such contrat is for the purpose of carrying out construction, erection, commissioning, installation, completion, fitting out, improvement, repair, renovation, alteration of any building or structure on land or for carrying out any other similar activity or a part thereof in relation to any building or structure on land;

Overseas Direct Investments by Indian Party – Rationalisation

March 28, 2012 859 Views 0 comment Print

A.P. (DIR Series) Circular No. 96 Creation of charge on immovable / movable property and other financial assets. Reckoning bank guarantee issued on behalf of JV / WOS for computation of Financial Commitment. Issuance of personal guarantee by the direct / indirect individual promoters of the Indian Party. Financial Commitment without equity contribution to JV / WOS. Submission of Annual Performance Report. Compulsorily Convertible Preference Shares (CCPS).

Amended provisions of S.194I related to TDS for the purpose of S. 40(a)(ia) applicable from AY 2007-08

March 28, 2012 2795 Views 0 comment Print

When the CBDT itself has clarified that the amended provisions of Section 194I relating to deduction of tax at source for the purpose of Section 40(a)(ia) would be applicable for AY 2007-08, the Assessing Officer was not justified in making the disallowance. We also find that similar issue came up before the learned CIT (A) in AY 2005-06 wherein he accepted the assessee’s contention.

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