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Archive: 14 July 2012

Posts in 14 July 2012

ST-3 – How to File & Modify Service Tax Returns

July 14, 2012 133688 Views 55 comments Print

What is ST-3 Return? It is a self assessed statutory document notified by the Central Board of Excise and Customs which functions under the Ministry of Finance for the service providers to enable them to declare the value of taxable services provided or received by them and the taxes paid by them for the same.

S.54 Date of commencement of construction not material for claiming deduction

July 14, 2012 1469 Views 0 comment Print

ACIT v. Subhash Sevaram Bhavnani Assessee sold his residential house on consideration of sum of Rs. 35,00,000/- on 03.11.2007 and has spent a sum of Rs. 30,44,695/- on purchase of plot and on construction of a residential house thereon. The construction of this residential house was completed in the month of March, 2008. Since the construction was completed within three years of transfer of capital asset, the ratio as laid down in the case of Subramaniya Bhat (supra) is applicable to the facts of this case as it has been clearly held in that case that for claiming deduction u/s 54, the construction of the house should be completed within the prescribed time limit and date of commencement of construction is not material for claiming deduction.

Resident welfare societies cannot be granted sec.12A registration

July 14, 2012 7895 Views 0 comment Print

In the instant case, the admitted facts were that the objects of the assessee society were for welfare of resident of the colony and other maintenance services of the colony. Section 12AA requires that the Commissioner(Appeals) is to satisfy himself about the objects of the society and genuineness of the activities. Whether the object of the society was charitable or not was to be examined. Section 2(15) provides the definition of charitable purposes.

TDS on amount paid to agent of foreign airlines u/s. 194C or u/s.195?

July 14, 2012 15106 Views 0 comment Print

It is an admitted position that the air freight is paid to the agents on the actual basis and that the bills and air freight documents have been directly issued by the foreign airlines. The agents, while accepting payments for air freight components, have acted merely as agents of the respective airlines and have not received the air freight payments in their own right. In copies of airway bills, the name of these agents is shown as ‘Issuing carrier’s agent, further the agent’s code is given as ‘Agent’s IATA code’. There is thus enough material to demonstrate that the persons having received money for the air freight have received the same in their capacity as ‘issuing carrier’s agent’, i.e., agent of the airline concerned. The air freight payment is thus made to the foreign airlines, though through the agents. Therefore, the payments cannot be said to have been made to a resident company. Accordingly, the provisions of section 194C do not come into play.

No. of Tax Audits & Company Audits Permissible for a Member

July 14, 2012 10231 Views 0 comment Print

Members have time and again, raising queries regarding maximum numbers of audits that may be accepted by a Chartered Accountant and the various situations under which numbers of audits would be reckoned. Therefore, a comparison of No. of tax audits and company audits permissible for a member in practice, and the possible situations, are encapsulated here for your ready reference. The limit of tax audits and company audits is discussed in Chapters VI and VIII of the Council General Guidelines, 2008 respectively, which have a mandatory compliance.

Budget 2012 – PPT on Changes in Service Tax

July 14, 2012 4153 Views 0 comment Print

This PPT is released by Ministry of Finance on 13.07.2012 and it discusses following important changes in Services tax effected by Union Budget 2012 :- Budget at a glance Rules of interpretation Place of Provision Rules, 2012 Negative list concept Point of Taxation Miscellaneous Towards GST Download PPT on Changes in Service Tax

S. 271C No Penalty if there was a bonafide belief for non-deducting of tax

July 14, 2012 2313 Views 0 comment Print

DDIT V. Satellite Television Asian Region Ltd. It is an admitted fact that the assessee is a non-resident company having its principal place of business at Honkong and the various Channel Companies are also non-resident companies based in Honkong. Hence, the payment in question is made by a non-resident company to a non-resident company. In the return of income, while computing the taxable income, the assessee has shown his taxable income and also claimed deduction of the cost of advertising airtime procured from the Channel Companies on principal-to-principal basis outside India.

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