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Archive: April, 2012

Posts in April, 2012

Amount received from sister concern cannot be treated as unexplained only on the basis that sister concern shows lower profit

April 13, 2012 6271 Views 0 comment Print

Appellant had shown receipt of a sum ofRs.45,67,375/- on account of job work from Sunita Crimpers and further receipts of Rs.13,06,422/- on account of labour charges. In the tax audit report it has been mentioned that Sunita Crimpers had made the total payment of Rs.59,29,759/- i.e. a sum of Rs.58,37,799/- should paid on account of job work charges and further a sum of Rs.59,962/- on account of purchase of oil by Sunita Crimpers. It is also a fact that the activity of texturising of yarn was controlled by the Excise and therefore related excise recorded were maintained.

Non TDS on sale of product

April 12, 2012 1811 Views 0 comment Print

ITAT held that the correct nature of transactions is sale of product and not any fees for technical services requiring deduction of tax at source.

Jurisdiction of Registrar with regard to membership & Right of a particular member to vote at elections?

April 12, 2012 2710 Views 0 comment Print

ROS has also gone into disputes with regard to registration of members and the list of voters of the petitioner society. This aspect was also clearly beyond his jurisdiction. A dispute with regard to the membership, and the right of a particular member to vote at the elections is a dispute which arises between a society and its members. Such a dispute cannot be resolved by the Registrar. This is clearly beyond his jurisdiction.

Regarding disposal of confiscated goods

April 12, 2012 1768 Views 0 comment Print

I am directed to invite your attention to the Board’s Circular No. 12/2006- Customs dated 20.2.2006 and the earlier instructions issued to the field formations vide Board’s letters F. No. 711(7)/53-Cus. (AS) dated 27.5.1993, F. No.30/33/67-LC.I dated 19.1.68 and F.No.30/3/64-LC.I dated 10.2.1964 in the matter of disposal of

Transfer Pricing – Segmental accounts of assessee required to be considered for determination of assesses profit to total cost from international transaction

April 12, 2012 3937 Views 0 comment Print

Addition of Rs.19.14 crore has been made on the basis of the assessee’s operating margin from its total operations within and outside India arising due to both the controlled and uncontrolled transactions with the associated enterprises and nonassociated enterprises. The addition on account of transfer pricing adjustment can be made by comparing the assessee’s result from the international transactions with the AEs with those from comparable uncontrolled transactions of outside parties.

Union Cabinet approves Public Procurement Bill, 2012

April 12, 2012 504 Views 0 comment Print

The Bill seeks to regulate procurement by Ministries/ Departments of the Central Government and its attached/subordinate offices, Central Public Sector Enterprises (CPSEs), autonomous and statutory bodies controlled by the Central Government and other procuring entities with the objectives of ensuring transparency, accountability and probity in the procurement process, fair and equitable treatment of bidders, promoting competition, enhancing efficiency and economy, safeguarding integrity in the procurement process and enhancing public confidence in public procurement. The Bill is based on broad principles and envisages a set of detailed rules, guidelines and model documents.

Setting up of Special Purpose Vehicle to be called Goods and Services Tax Network (GSTN SPV)

April 12, 2012 6505 Views 0 comment Print

The Cabinet has approved a proposal to set up a Special Purpose Vehicle (SPV) namely Goods and Services Tax Network SPV (GSTN SPV) to create enabling environment for smooth introduction of Goods and Services Tax (GST). GSTN SPV will provide IT infrastructure and services to various stakeholders including the Centre and the States.

Amendments of the Registration of Births and Deaths Act, 1969

April 12, 2012 2038 Views 0 comment Print

The Union Cabinet today approved the introduction of a Bill in the Budget Session of Parliament to amend the Registration of Births and Deaths Act, 1969 to include registration of marriages as well, so that the existing administrative mechanisms will be able to carry out such registration of marriages in accordance with the specified procedures and be able to maintain necessary records and statistics for registration of marriages also.

Proposal to revise the existing rates of royalty on coal and lignite

April 12, 2012 958 Views 0 comment Print

The Cabinet Committee on Economic Affairs today approved the proposal for adoption of ad-valorem regime, in place of the present hybrid formula, for charging royalty on coal and lignite at the rate of 14% and 6% respectively, as per the recommendations of the Study Group, constituted by Ministry of Coal for revision of royalty rates […]

VAT / Sales Tax Payable on sale of Flats – Bombay HC

April 12, 2012 8192 Views 0 comment Print

THE Bombay High Court appears to have served a body blow to realtors in Maharasthra. The HC today dismissed their petition that challenged the applicability of Value Added Tax (VAT) on sale of flats. The builders argued that VAT is not payable on immovable property.

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