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Archive: 07 August 2012

Posts in 07 August 2012

Income from providing services to tenants is taxable as business income

August 7, 2012 3341 Views 0 comment Print

The issue whether a particular let out is business or earning rental income by the owner of the premises has to be decided in the facts and circumstances of each case. Therefore, so far as the rental income for the let out premises owned by the assessee is concerned, the issue is settled by the Supreme Court in various decisions and it has been held that the income realized by such owner by way of rental income from a building, whether commercial building or residential, is assessable under the head ‘income from house property’.

Prima facie service tax leviable on selling of space for advertisement in cricket stadium

August 7, 2012 780 Views 0 comment Print

The appellant Rajasthan Cricket Association organises cricket matches in various places in Rajasthan and they allow different parties to put up advertisement in the stadium in which matches are being organised, and they have been collecting charges for selling such advertisement space. Revenue made out a case that Appellant should have paid service tax under the taxable entry in Section 65(l05)(zzzm) which covers sale of space for advertising.

Refund cannot be denied merely because export invoice numbers not mentioned on lorry receipts

August 7, 2012 982 Views 0 comment Print

No doubt the Notification requires that details of export invoices should be mentioned in lorry receipts and shipping bills, however, there is no bar to provide these details separately in case the original lorry receipts/shipping bills did not contain these details. The Revenue is free to insist on verification in such cases and refund can be granted only after verification. The question whether such condition is substantive or otherwise is not required to be examined. Matter remanded to adjudicating authority for verification in aforementioned terms.

Companies (Fees on Applications) Rules, 1999 – Amendment in Notification No. GSR 501(E), dated 6-7-1999

August 7, 2012 1507 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 642, read with sub-section (2) of section 637A of the Companies Act, 1956 (1 of 1956), the Central Government hereby amends the notification of the Government of India in the erstwhile Ministry of Law, Justice and Company Affairs (Department of Company Affairs) number G.S.R. 501(E), dated the 6th July, 1999 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 6th July, 1999, namely:-

Solution for error ‘Cannot read the xml file’ occurring while uploading ITR XML File

August 7, 2012 14412 Views 0 comment Print

I have saved the xml file in my computer but while uploading system is giving the error “Cannot read the xml file? What should I do ? Ans. Kindly set the Internet Explorer Security Settings to Low as per following steps :a) In case of windows professional/vista, thenGo to Control Panel — Java — General —Settings Kindly uncheck the „Keep Temporary Files on my computer “and click the „Delete Files‟button and press OK. Close your existing browser and open a new browser.

Service Tax exemption extended to slaughtering of all animals

August 7, 2012 7810 Views 0 comment Print

CBEC has vide notification Notification No. 44/2012-ST, dated 7-8-2012 extended service tax exemption to ‘slaughtering of all animals service; earlier this was available only for ‘slaughtering service of bovine animals’. As per wiki dictionary Bovine animal includes domestic cattle (Cow) , bison, buffalo and yaks.

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