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Archive: 03 September 2012

Posts in 03 September 2012

CBDT asks to rectify incorrect demand uploaded on CPC within 30 days

September 3, 2012 2645 Views 4 comments Print

The issue of demand management continues to remain an area of grave concern. It has been found that in most of the cases demand uploaded is incorrect and incomplete. Such demands have been uploaded by AOs without due diligence and verification. Adjustment of such demands against refunds is leading to public grievances. It is therefore imperative to correct the demand data base and quickly rectify cases, where wrong adjustments have taken place.

Charges for Seconding entitlement rights of assured supply of railway rakes is not rent u/s. 194I

September 3, 2012 1017 Views 0 comment Print

The learned CIT(A) has tried to give a meaning to the definition as given in the Statute u/s. 194-I vis-à-vis the agreement for wagons investment scheme as has been perused in his order. Having reproduced the agreement and the definition of rent, he has not been to correlate the same for the simple reason that rent or arrangement has to be understood from the point of view of ownership.

Power of Tribunal to reject cross objection if matter is remanded by HC for fresh adjudication?

September 3, 2012 1584 Views 0 comment Print

The Tribunal could not have rejected the cross objections without entering into factual matrix and being satisfied itself that the appellant had not in fact filed cross objections at the time when it could have originally filed them when the appeals had been filed before the Tribunal. This is also evident from a reading of this Court’s order.

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