As per sub-section (1) of Section 14A, no deduction is to be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of total income. Sub-section (2) of Section 14A provides the procedure for determination of such expenditure by the Assessing Officer. The Board has also prescribed Rule 8D for determining the expenditure incurred by the assessee for earning of exempt income. Thus, the disallowance can be made under sub-section (1) for the expenditure incurred for earning of exempt income.
Love it or hate it, Facebook is a positive place – you can ‘Like’ things, but not dislike them, and you can have Friends, but not enemies… until now. EnemyGraph is a new app which lets you add Enemies to your Facebook profile – including real victims from your friends list, or from other users of the app. You can also declare war on any product, person or company that has a presence on Facebook.
Assessee is a private limited company engaged in the business of posting advertisement in various publication including newspapers. It has filed its return of income on 29.7.2005 declaring a total income of Rs.45,550. The case of the assessee was selected for scrutiny assessment and a notice under sec. 143(2) of the Act dated 26.7.2006 was issued and served upon the assessee. On scrutiny of the accounts, learned Assessing Officer found discrepancies in the receipts appearing in the TDS Certificate vis-à-vis shown by the assessee in the profit and loss account.
Finance Act, 2007 has incorporated third proviso to section 194H stating, ‘no deduction shall be made under this section of any commission or brokerage payable by BSNL or MTNL to their PCO franchisees. The same is relevant for the A.Y. 2008-09. The issue is whether similar exemption is applicable for the assessment year prior to the assessment year 2008-09. This issue was adjudicated in favour of the assessee by co-ordinate Bench of this Tribunal in assessee’s own case in ITA No.71 to 77/PN/2009.
In a strong message to the critics of the retrospective amendment to the tax laws, Finance Minister Pranab Mukherjee on Tuesday asserted India is not a tax haven.India is not a no-tax country, India has a determined tax rate, but it is not a tax haven … If you pay tax in your country of origin, you don’t have to pay tax, if we have double taxation agreement with your country of origin.
Acquiring qualification shares of an overseas company for holding the post of a Director . Acquiring shares of a foreign company towards professional services rendered or in lieu of Director’s remuneration. Acquiring shares in a foreign company through ESOP Scheme.
Notification No. 26/2012 – Customs (N.T.) Central Board of Excise and Customs hereby determines that the rate of exchange of conversion of each of the foreign currency specified in column (2) of each of Schedule I and Schedule II annexed hereto into Indian currency or vice versa shall, with effect from 1st April, 2012 be the rate mentioned against it in the corresponding entry in column (3) thereof, for the purpose of the said section, relating to imported and export goods.
Hon’ble Punjab & Haryana High Court in the case of CIT Vs. Miss Jagriti (supra) has held that sub-section (4) of section 139 provides the extension period of limitation as an exception to sub-sec. (1) of sec. 139 of the Act. Sub-sec. (4) was in relation to the time allowed to an assessee under sub-sec. (1) to file the return. Therefore, such provision was not an independent provision, but relates to the time contemplated under sub-sec.(1) of sec. 139. Therefore, subsec.(4) has to be read along with sub-sec.(1).
Finance Ministry, while presenting the much disillusioned and indifferent Union Budget with heavy fanfare and subsequent silence, brought out an amendment that took many people by surprise. It was not just a normal amendment. Rather, it was the Amendment with retrospective effect, of taxing transactions which resembled the ‘Vodafone-Hutchison Essar’ deal.
Finance Minister, since last two budgets, is planning to cover more and more TDS applicability, strict compliance of TDS provisions and heavy penal clauses for non-compliance under direct tax law. In fact, TDS is a far more easy and early collection of tax both for administration and compliance. However, every time an easy collection of tax mechanisms (like TDS) are introduced, it forces us to think if government fail to collect taxes from the person who is suppose to bare it or is government looking to emphasize on levy of taxes only and let collection be a burden on public who never intended to be the payer of tax?
