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Archive: 02 September 2012

Posts in 02 September 2012

Low Cost Days are over

September 2, 2012 519 Views 0 comment Print

The process of doing business has changed over the last 2 decades across the globe. With the opening up of the gates of free trade and Liberization in the emerging economies married with technological advances in Developed nations the business has become more competitive rather than a challenge.

PVAT – Change in Rate of Tax on Goods Which Are Subject To Vat W.E.F 03-09-2012

September 2, 2012 15116 Views 1 comment Print

Punjab Govt. through Public Notice dated 02-09-2012 has increased the rate of tax w.e.f 03-09-2012. Effects of this Public Notice are as under: -1. Sugar: – The state Government is pleased to waive tax on Sugar w.e.f 03-09-2012.2. Increase in the rate of tax by 0.5% under the Punjab VAT Act 2005 w.e.f 03-09-2012. Which resulted in increase, the details of same are as follows: –

It is not necessary for assessee to establish that debt has become irrecoverable

September 2, 2012 5070 Views 0 comment Print

As is apparent from the aforesaid facts, the AO disallowed the claim of bad debts in the absence of any evidence as to when the amount was offered as income and there was nothing to show as to whether this amount had been actually written off in the books of account. On appeal, the ld. CIT(A) admitted the additional evidence in this regard while observing that though the basic information and requisite details regarding bad debts/advances written off

Relief u/s. 10A has to be given before adjustment of current as well as past losses

September 2, 2012 2960 Views 0 comment Print

ection 10A, as it presently stands, though worded as deduction provision, is essentially and in substance an exemption provision. We have also held that the implication of an exemption provision is that the particular income which is exempt from tax does not enter the field of taxation and is not subject to any computation.

Non quote of PAN on TDS certificate issued may attract penalty u/s. 272B

September 2, 2012 6960 Views 0 comment Print

As per order passed by the ITO (TDS), he has issued show cause notice to know the reason why the assessee has not quoted the PAN of the deductee in Form No. 16 and 16A. But the assessee had not given any explanation before the ITO (TDS), even the assessee has also failed to appear before him on the date fixed.

Procedure for Changes/ Amendments in Constitution of Registered Partnership Firm

September 2, 2012 300439 Views 48 comments Print

Change in the constitution of the firm and its dissolution [Section 63(1)] – When change occurs in the constitution of the firm, any of the new, continuing or the outgoing partner, while when a registered firm is dissolved, any person who was a partner immediately before the dissolution or the agent of any such partner or person specially authorized on his behalf, may give notice of such a change to the Registrar, specifying the date thereof.

Demerger without transfer of liabilities is valid unless sole motive for the same is tax avoidance

September 2, 2012 6285 Views 0 comment Print

The main contention of the Income Tax Department is that the Scheme is floated with the sole object to avoid tax liability. Except the Income Tax Department no objections were raised by anyone against sanctioning the Scheme.

Service Tax – CAs having turnover exceeding Rs. 50 Lakh

September 2, 2012 37184 Views 0 comment Print

Till 31.03.2011, point of taxation in case of eight specified services including Chartered Accountants (CAs) was determined on the basis of receipt of payment. However, w.e.f. 01.04.2011, this benefit has been extended to all services albeit, in a slightly modified form. Now all individuals, partnership firms (including limited liability partnership firms) having a turnover not exceeding Rs. 50 lakh in the previous year can pay service tax on receipt basis in the current financial year.

S. 115JB – MAT- Assessee not eligible for credit of Surcharge & Cess paid

September 2, 2012 14063 Views 0 comment Print

Therefore, it emerges that MAT payable u/s 115JB is only income tax and does not include surcharge or education cess. Therefore, if only income tax is paid under the provisions of section 115JB it is natural that tax credit u/s 115JAA will only be of income tax and not of surcharge and education cess.

No TDS on distribution of collected money, if not shown as expense

September 2, 2012 1721 Views 0 comment Print

Since the assessee only distributed the income in terms of the agreement and this did not amount to incurring of an expenditure nor the assessee claimed any, there was no infirmity in the findings of the Commissioner (Appeals) in deleting the disallowance under section 40(a)(ia).

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