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Archive: 26 July 2012

Posts in 26 July 2012

Disallowance of discount by estimating the same hypothetically not permissible

July 26, 2012 640 Views 0 comment Print

A perusal of the assessment order clearly shows that the Assessing Officer questioned the assessee why there is a difference in the rate of discount. Assessee replied to the questions raised by the Assessing Officer. However, the Assessing Officer has proceeded to compute the discount by hypothetical calculation to arrive at discount rate for the whole year and then asessee applied on monthly sale basis. This obviously is not permissible in so far as the discount granted by the assessee is not a constant every month. The average rate of discount would be a highly impractical method. In the circumstances, the addition in respect of discount as made by the Assessing Officer and confirmed by the learned Commissioner of Income-tax(Appeals) stands deleted.

S. 36(1)(vii) -Bad debt written off is liable to be allowed

July 26, 2012 1087 Views 0 comment Print

A perusal of the order of the learned Commissioner of Income-tax (Appeals) clearly shows that the assessee had written off bad debt in the books. Further, it is noticed that the Learned Commissioner of Income-tax (Appeals) had followed the decision of the Hon’ble Bombay High Court in the case of Director of Income-tax (International Taxation) Vs. Oman International Bank (refer to supra) on this issue. The finding of the learned Commissioner of Income-tax (Appeals) that the bad debt written off in the books has not been disputed by the revenue. In the circumstances, the finding of the learned Commissioner of Incometax (Appeals) on this issue is on right footing and does not call for any interference.

ITR -7 For A.Y. 2012-13 / F.Y. 2011-12

July 26, 2012 6538 Views 0 comment Print

Notification No. 29/2012-Income Tax In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:- 1. (1) These rules may be called the Income-tax (8th Amendment) Rules, 2012.

Overview of Foreign Account Tax Compliance Act (FATCA)

July 26, 2012 1132 Views 0 comment Print

The Foreign Account Tax Compliance Act (FATCA) forms section 501(a) of the broader Hiring Incentives to Restore Employment Act, one of several pieces of legislation designed to boost the economic output of the U.S. following the global financial crisis. FATCA was signed into U.S. law in March 2010, and comes into effect in January 2013.

Taking Professional Care of the Nature – The Environmental Audit

July 26, 2012 1092 Views 0 comment Print

Organisational response to the environment and the role of the acco- unting profession for the environ- mental protection are fairly recent developments. Environmental issues are business issues and have consid- erable implications for ‘audit’ in all its semblance leading to a separate spe- cialised area viz., ‘environmental auditing’.

Personal grievance cannot be addressed under Contempt of Courts Act

July 26, 2012 651 Views 0 comment Print

This also appears to be a case where the petitioner has not come to the Court with clean hands; submission of the respondent that the petitioner has learnt about the one time settlement arrived at by the respondent with the Bank; and it was only then that he approached the CLB this is clear from the fact that he had filed the contempt application before the CLB on 01.03.2007 but he did not choose to mention it before the Board till more than two months later;

Mere accruing of income jointly to more persons than one would not constitute thereon an AOP

July 26, 2012 2515 Views 0 comment Print

In order to assess individuals to be forming association of persons, the individual co-owners should have joined their resources and thereafter acquired property in the name of association of persons and the property should have been commonly managed, only then it could be assessed in the hands of associations of persons. Conversely, the mere accruing of income jointly to more persons than one would not constitute thereon an association of persons in respect of such income.

Amendments in HBP Vol.1 wef 5.6.2012

July 26, 2012 699 Views 0 comment Print

In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14, the Director General of Foreign Trade hereby amends para 2.13.2.A, 3.6.1, 3.10.3, 3.11.7, 3.11.8, 4.19, 5.10 and 5.23 of the Handbook of Procedures Vol I (RE 2012)/ 2009-14. This will be deemed to have come into effect on 5.6.2012.

DGFT opens additional branchs at Bengaluru & Hyderabad for issuing Certificate of Origin (Non Preferential)

July 26, 2012 301 Views 0 comment Print

PUBLIC NOTICE NO.11(RE 2012)/2009-2014 One additional branch each at Bengaluru and Hyderabad has been added for issuing Certificate of Origin (Non Preferential).

Notification to give effect to Certain amendments/modifications in Foreign Trade Policy wef 05.06.2012

July 26, 2012 327 Views 0 comment Print

In exercise of the powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992, as amended, read with paragraph 1.3 of the Foreign Trade Policy, 2009-2014, the Central Government hereby amends with immediate effect para 5.2A, 9.12, 5.3 and 5.11of Foreign Trade Policy, 2009-2014 (RE 2012).

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