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Archive: 28 September 2012

Posts in 28 September 2012

Expenditure cannot be allowed to ‘Gurdas Mann’ merely because Payment was made through Bank

September 28, 2012 3136 Views 0 comment Print

The perusal of the profit and loss account placed at page 9 of the paper book reflects the assessee to have followed project completion method, i.e., it has shown the receipts and corresponding expenditure in respect of each of its venture separately and had over and above the same claimed expenditure of Rs. 35,27,560. The schedule of the said expenses totalling Rs. 35,27,560 is placed at page 19 of the paper book.

Employees’ contribution towards PF paid before Due Date of Return Filing is allowable

September 28, 2012 17211 Views 0 comment Print

Employees’ contribution towards PF paid by the assessee before the due date of filing of return u/s 139(1) of the Act for the assessment year under consideration is admissible.

Share Trading is business activity if High volume, frequency, regularity & systematic

September 28, 2012 2977 Views 0 comment Print

Assessees have made several transactions of purchase of shares during the relevant year under consideration, and if there high volume, frequency and regularity of the activity carried on by the assessees in a systematic manner, it would partake the character of business activities carried on by the assessee in shares, and it cannot be said that the assessees have merely made investments in shares.

No Penalty on tax payable as per MAT provisions if tax under normal Provisions is Nil

September 28, 2012 2411 Views 0 comment Print

On identical facts in ITA No. 6600/Mum/2011 wherein we have held that penalty cannot be levied u/s. 271(1)(c) when the income is computed as per the provisions of Sec. 115JB of the Act. In that case, we have followed the decision of Hon’ble Delhi High Court in the case of CIT Vs Nalwa Sons Investments Ltd. (2011) 37 ITCL 218 (ITA No. 1420/2009).

Sec. 80-IB deduction to SSI cannot be denied due to change in investment limit after registration

September 28, 2012 2935 Views 0 comment Print

S.80IB(3)(ii) provides for deduction to small scale industrial units engaged in manufacture or producing articles or things. S.80IB(14)(b) defines a small scale industrial undertaking, which is regarded as such under S.11B of the Industries(Development and Regulation) Act, 1951.

Service Tax on Railway Passengers Travelling in AC Class/First Class from 1st October 2012

September 28, 2012 2292 Views 0 comment Print

In compliance of the provisions contained in Finance Bill 2012 and subsequent notifications issued by Ministry of Finance, the Service Tax in case of railway travel, which was exempted upto 30th September 2012, will be levied on the fare of passenger services in the following classes from 1st October 2012.

Levy of Service Tax on Transportation of Goods by Rail from 1st October 2012

September 28, 2012 3378 Views 0 comment Print

In compliance of the provisions contained in Finance Bill 2010 and subsequent notifications issued by Ministry of Finance, the Service Tax in case of transportation of goods by rail, which was exempted upto 30th September 2012, would now be levied on total freight charges with effect from 1st October 2012.

New Nature of Payments have been introduced under OLTAS Challan No./ITNS 281

September 28, 2012 17433 Views 1 comment Print

4 New Categories of payment been added to the existing list of 32 categories. Revised List is follows :- 193 – Interest on Securities 194 – Dividend 195 – Other sums payable to a non-resident 4BB – Winning from Horse race 4EE – Payments in respect of Deposits under National Saving Schemes 4LB – Income […]

Draft Notification- Grant of Exemption to Shipping Industry from Competition Act, 2002

September 28, 2012 1060 Views 0 comment Print

that during the said period of one year, the Directorate General of Shipping (DG-Shipping) shall monitor operations of the agreements and for that purpose shall require compulsory lodging of the relevant documents in its offices

2 % interest subvention and 3% additional subvention for short-term crop loans in 2012-13

September 28, 2012 862 Views 0 comment Print

The interest subvention scheme for providing short term loans to farmers at 7 per cent interest per annum will be continued in 2012-13. An additional subvention of three per cent will be available to prompt paying farmers. In addition, the same interest subvention on post harvest loans up to six months against negotiable warehouse receipt will also be available. This will encourage the farmers to keep their produce in warehouses

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