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Archive: 25 June 2012

Posts in 25 June 2012

Awards Scheme For Income-tax Department’s Officers & Staff

June 25, 2012 871 Views 0 comment Print

The awards would be called Certificate of Appreciation and Certificate of Meritorius Service. The Certificate of Appreciation would be conferred upon any employee for display of specific acts of exemplary devotion to duty including performance of an act of extremely arduous nature beyond the call of duty, Involving extreme effort and resulting in substantial/potential benefit to the Government and/or acts involving grave personal risk etc. While the Certificate of Meritorius Service would be conferred upon such employees, who have put in at least 15 years of service and who have rendered consistently high levels of meritorious service over this period,

Mere change in ownership doesn’t convert a stock-in-trade into a capital asset

June 25, 2012 1271 Views 0 comment Print

Assessee, on partition of the joint family, had received the balance capital of the family in the real estate business comprising various assets, which were in the nature of stock-in-trade and it cannot be considered that the various assets or properties received by the assessee on partition are capital assets and these capital assets were converted into stock-in-trade of the real estate when the assessee continued to carry on the business of the erstwhile joint family.

Impact of monetary policy actions on inflation is modest and subject to lags

June 25, 2012 582 Views 0 comment Print

The paper Monetary Transmission Mechanism in India: A Quarterly Model examines the impact of monetary policy actions on growth and inflation. Given the volatility emanating from the agricultural sector, the paper models both overall growth and overall inflation as well as non-agricultural growth and non-food manufactured products inflation, i.e., components stripped of the influence from the agricultural sector and which are more amenable to monetary actions. The paper also estimates the impact of oil prices, real exchange rate and fiscal variables on growth and of exchange rate and minimum support prices on inflation.

If DTAA is silent on a particular type of income, it will not automatically become business Income

June 25, 2012 1825 Views 0 comment Print

Chapter III of DTAA between India and Mauritius did not provide for taxing any fees paid for technical services. Only for a reason that DTAA is silent on a particular type of income, we cannot say that such income will automatically become business income of the recipient. In our opinion, when DTAA is silent on an aspect, the provisions of the Act has to be considered and applied. This aspect has not been dealt with by the authorities below. We are, therefore, of the opinion that this issue requires a fresh look by the A.O.

IRDA launches Consumer Education Website

June 25, 2012 1643 Views 0 comment Print

IRDA has launched its Consumer Education Website, which provides useful information for the benefit of policyholders and prospects. The sections include tips on buying insurance, standard claim procedures/documentations, Dos and Don’ts for a policyholder, general alerts, dealing with intermediaries and FAQs

MCA invites comments on Product Group Classification by 15th July 2012

June 25, 2012 1319 Views 0 comment Print

Various companies, and professionals such as Cost Accountants, Chartered Accountants, & Company Secretaries, and other stakeholders from corporate sector are connected with the usage of product group classification. All are welcome to examine the draft and furnish comments/suggestions to this Ministry within a period of three weeks i.e. by 15th July, 2012 through email on the following e-mail address: –

If Excise Duty is paid under mistake of law than provisions of Sec.11B not applies

June 25, 2012 2541 Views 0 comment Print

Issue involved in the present appeal is whether the refund claim filed by the respondent is hit by the time limitation as prescribed under Section 11B of the Central Excise Act. The refund claim in present case was filed on 28th April 2010 for refund of service tax paid by them. The original authority in para 2.1 of the Order-in-Original has stated that the TR-6/GAR-7 challans filed along with the claim and the statement furnished by the claimant shows that the service tax payments were made during the period 2006-07 and 2007-08 and last such challan was dated 1st December 2007 and it was also noticed that service tax liability for the period May 2004 to March 2006 was discharged in May 2006. We find that refund claim was submitted by the respondent with the office of Assistant Commissioner of Central Excise on 28-4-2010 under Section 11B of the Central Excise Act as made applicable to the service tax matters vide Section 83 of the Finance Act, 1994. Refund claim was to be filed within a period of one year from the date of payment of excise duty/service tax. We, therefore, find that the refund claim was filed much after the time-limit of one year as prescribed under Section 11B of the Central Excise Act.

Despite passing of assessment order, Valuation proceedings to be completed once it is referred to DVO

June 25, 2012 7747 Views 0 comment Print

We do not think we would be justified in preventing the Assessing Officer from collecting evidence which may be used by him for the purpose of bringing what in his opinion is the proper amount of capital gains on the sale of Okhla land. As to how he proposes to use the evidence against the assessee is a matter of speculation which we refrain from indulging in.

SEBI AIF REGULATIONS – whether this could lead to a change in private equity landscape in India

June 25, 2012 3214 Views 0 comment Print

What are AIF Regulations and the need to VCF Regulations? The local managers and funds make investments across the investment spectrum—from early stage investments to PIPE investments on the one hand, and sector focussed investments on the other. However, in a one-shoe-fits-all policy, the only option available for such funds was to register as VCFs under the VCF Regulations and operate under a prescriptive regime originally intended to apply to a nascent industry.

Consultancy charges paid to non resident for project outside India not deemed to accrue or arise in India

June 25, 2012 3540 Views 0 comment Print

Here, the payments made by the assessee were to non-residents Indian who were working abroad. Assessee had made no deduction of tax at source whatsoever. As per the assessee, they were working for its business carried on in Nigeria and hence, by virtue of Section 9(1)(vii)(b) of the Act, the fees payable to such non-residents could not be considered as income accruing or arising to them in India.

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