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Archive: August, 2012

Posts in August, 2012

Reason for non matching of CPC intimation with Income tax Return Filed

August 4, 2012 10907 Views 0 comment Print

1. Salary income shown at higher figure than entered – In Salary Schedule higher figure is reported under Gross salary which should be excluding Exempt income (such as transport allowance etc). Taxpayer may have mentioned Transport allowance in Exempt Income and may have deducted the same to arrive at a lower net figure in the final calculation. However, the Exempt income is to be mentioned only for reporting purposes and should not be used in any calculation.

Interest u/s. 244A payable on gross amount including principal as well as interest

August 4, 2012 5049 Views 0 comment Print

The High Court has failed to appreciate that while charging interest from the assessees, the Department first adjusts the amount paid towards interest so that the principal amount of tax payable remain outstanding and they are entitled to charge interest till the entire outstanding is paid. But when it comes to granting of interest on refund of taxes, the refunds are first adjusted towards the taxes and then the balance towards interest. Hence, as per the stand that the Department takes they are liable to pay interest only up to the date of refund of tax while they take the benefit of assessees funds by delaying the payment of interest on refunds without incurring any further liability to pay interest,. This stand taken by the respondents is discriminatory in natrure and thereby causing great prejudice to the lakhs and lakhs of assessees.

Service tax cannot be included in total receipts for determining presumptive income

August 4, 2012 1359 Views 0 comment Print

Reimbursement of custom duty paid by the assessee could not form part of amount for the purpose of deemed profits u/s 44BB unlike the other amounts received towards reimbursement. Following the view in this decision, Mumbai Bench in their decision in Islamic Republic of Iran Shipping Lines(supra)held that service tax being a statutory liability, would not involve any element of profit and accordingly, the same could not be included in the total receipts for determining the presumptive income.

Custom officials have the habit of sharing booty at 3 o’clock

August 4, 2012 895 Views 0 comment Print

Despite government efforts to institute reforms in the Bureau of Customs, the 3 o’clock habit or practice of collecting and distributing bribe money to corrupt among the bureau’s personnel remained unabated, Senator Panfilo Lacson said on Thursday. Lacson told a weekly forum at the Senate that the distribution of “tara” or bribe to Customs employees was still being held at 3 o’clock every Friday afternoon when employees gathered in the Customs zone.

Section 41(1) applies to Unpaid dues, whose recovery is time barred

August 3, 2012 12900 Views 0 comment Print

Time-barred unpaid dues – Unpaid dues of employees, whose recovery is time barred, cease to be employer’s liability and have to be added under section 41(1)

Direct Entry to CA Course

August 3, 2012 4907 Views 0 comment Print

This is to inform all concerned that with the issuance of the Notification No. 1-CA(7)/145/2012 on August 1, 2012, the provisions relating to Direct Entry Scheme for Graduates/Post Graduates, etc., with prescribed percentage of marks, to the Chartered Accountancy Course have come into force from August 1, 2012. The said Notification is reproduced hereinbelow for information of all concerned.

SEBI :Notification under clause (u) of sub-section (1) of section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

August 3, 2012 940 Views 0 comment Print

In exercise of the powers conferred under clause (u) of sub-section (1) of section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the said Act), the Securities and Exchange Board of India

On dissolution of partnership firm, only firm is taxable on capital gain on Assets distributed to Partners

August 3, 2012 13709 Views 0 comment Print

When the appellant was paid Rs. 15.00 lakhs by Y. Kalyana Sundaram in full and final settlement towards his 50% share on the dissolution of the firm, there was no “transfer” as understood in law and consequently there cannot be tax on alleged capital gain. The appellant was correct in law in contending that the amount he received from Y. Kalyana Sundaram is towards the full and final settlement of his share and such adjustment of his right is not a transfer in the eye of law.

SEBI : Notification regarding establishment of Local Office of Board at Jaipur

August 3, 2012 604 Views 0 comment Print

In exercise of the powers conferred by sub-section (4) of section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Board has established its Local Office at Jaipur under the administrative control of its Western Regional Office at Ahmedabad.

SEBI : Notification regarding establishment of Local Office of Board at Jaipur

August 3, 2012 439 Views 0 comment Print

LAD-NRO/GN/2012-13/08/0308. – In exercise of the powers conferred by sub-section (4) of section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Board has established its Local Office at Jaipur under the administrative control of its Western Regional Office at Ahmedabad.

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