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Archive: 26 June 2012

Posts in 26 June 2012

ECB – Rationalisation of Form-83

June 26, 2012 12839 Views 2 comments Print

On a review, it has been decided to rationalize the Form-83 submitted to the Reserve Bank for obtaining Loan Registration Number (LRN) to reflect the liberalization and rationalization measures that have been carried out over a period of time. Accordingly, borrowers desirous of obtaining Loan Registration Number (LRN) with effect from July 01, 2012 may submit Form-83 in the revised format (Annex I). An illustration of calculation of average maturity period is provided at Annex II for guidance.

CESTAT to List Appeals Within Four Weeks

June 26, 2012 862 Views 0 comment Print

Keeping in view the difficulties pointed out by the Members of Bar Associations CESTAT as also of the Departmental Representatives, the Hon’ble President has been pleased to partially modify the Circular dated 30/3/2012 to the extent indicated below:- It is directed that Appeals Stay and Misc. Applications received by hand in the Registry, if not under objection, shall be listed before the Respective Benches latest by the fourteenth day of the receipt of Appeals, Stay and Misc. Applications after issued notice to the Parties.

Input Service (Tax) Distribution under Service Tax Act

June 26, 2012 22474 Views 8 comments Print

Provision of the above rules was simple and did not restrict transfer of entire Cenvat Credit to a single unit. This made it easier for Regional office / Head office registered under ISD to transfer the credit under a single Invoice to a particular unit. The said rules have now been amended, putting strictures on the manner of Transfer of Cenvat Credit by an Input service Distributor which are clarified below.

Exemption from filing of Income-tax Return for Salaried

June 26, 2012 23387 Views 0 comment Print

FAQ on Exemption from filing of Income-tax Return for Salaried having total income not exceeding Rs. 5,00,000 The primary objective of this notification is to exempt those salaried taxpayers from the requirement of filing income-tax returns, who have (i) total income not exceeding Rs. 5,00,000, and (ii) the total income consists only of income chargeable to income-tax under the head ‘Salaries’ and interest income from savings bank account if such interest income does not exceed Rs. 10,000.

Application U/s. 12AA/80G cannot be rejected without giving sufficient opportunity

June 26, 2012 3053 Views 0 comment Print

In the instant case The CIT has not indicated the nature of information not furnished and without considering the documents filed by the applicant along with applications for registration u/s 12AA/80G has rejected assessee’s claim solely on the ground that applicant could not file most of the informations call for. We find force in the argument of ld. counsel that CIT failed to consider the claim of the applicant on merit, without considering the record and affording opportunity of being heard to the applicant on alleged non compliance. In the interest of natural justice we deem it fit and proper to restore the issues in question i.e. registration u/s 12AA/80G, back to the file of CIT for decision afresh on merit in accordance with law, after affording reasonable opportunity of being heard to the appellant. We order accordingly.

Keep Investing, Even in Slowdown

June 26, 2012 627 Views 0 comment Print

Economic slow down is ruling the world today, including India. While slow down brings with it retardation in economic growth, lower investments, increase in prices, lesser demand & production and reduced employment opportunities, the current slow down comes with tagged inflation which is persistent and long over due for correction), weakened rupee as against dollar with 10% impact in last one month alone negligible fresh investment in core sectors, enhanced tax rates and interest rates etc. Added to this is the lull in capital market with no activity in primary market and a not so buoyant stock market, though the market saw a rise in last few trading sessions.

Income Tax dept to set up special ‘tax kiosks’ and Mobile Vans

June 26, 2012 1610 Views 0 comment Print

PRESS RELEASE As a taxpayer friendly initiative, the Department has decided to set up Tax Kiosks at various places within CCIT regions. The Tax Kiosk would be a temporary structure set up for 1-2 days in a residential area such as apartment blocks in association with RWAs, large offices and other central locations of the cities.

Sec.14A No disallowance if there is no tax-free income

June 26, 2012 4926 Views 0 comment Print

Whether on the facts and in the circumstance of the case and in law the Hon’ble Tribunal was right in deleting the disallowance made by the Assessing Officer of interest paid by the Assessee Company on borrowed funds amounting to Rs.241.10 lakhs overlooking the fact that the borrowed funds were used by the Assessee Company to invest in the Capital of another Partnership Firm and since profits derived by the Assessee Company from a Partnership firm were exempt from tax u/s.10(2A) of the Income-tax Act, the interest expense related to such tax free profits is to be disallowed u/s.14A of the Income Tax Act?

Confirmation statement not required to assess undisclosed income

June 26, 2012 1030 Views 0 comment Print

High Court Show Anguish Over step taken by Central Government to take steps to prevent generation and circulation of black money. The approach of the first appellate authority as well as the Tribunal was absolutely contrary to the scheme of block assessment under Chapter XIVB which can be made based on convincing evidence recovered in the course of search as provided under section 158BB. The assumption by the Commissioner (Appeals) as well as by the Tribunal that without the confirmation statement by the assessees undisclosed income cannot be assessed based on evidence gathered on search is wholly unrealistic and contrary to statutory scheme for assessment of undisclosed income under Chapter XIVB of the Act.

Entry Tax under Punjab Value Added Tax Act, 2005

June 26, 2012 8918 Views 0 comment Print

Entry tax is leviable on all persons including taxable person registered under the Punjab Value Added Tax Act, 2005 on entry of goods into the state of Punjab for the notified goods of which the list alongwith rates of entry tax is mentioned below in table.

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