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Archive: 28 September 2012

Posts in 28 September 2012

Department should have a panel of experts -SC

September 28, 2012 1583 Views 0 comment Print

The crucial issue is, whether at the time of marketing of sugar, the same could be treated to retain the character of agricultural produce [sugarcane] grown by members of the Society or does it represent an independent commercial commodity which no longer has the character of agricultural produce?

Closing stock of incentive sugar is to be valued at levy price and not at cost – SC

September 28, 2012 1952 Views 0 comment Print

In the present case, if the closing stock of incentive sugar was to be valued at any figure, above the levy price, the direct consequence of such a valuation would have been that the excess amount over the levy price would be reflected as part of business income which would run counter to the judgment of this Court in Ponni Sugars and Chemicals Ltd. (supra).

Revised Tariff Value of RBD Palmolein, Brass Scraps (All Grades), Gold and Silver Notified

September 28, 2012 1865 Views 0 comment Print

Notification No. 90/2012-Customs (N. T.) New Delhi, 28th, September, 2012 S.O. ____ (E).– In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise & Customs, being satisfied that it is necessary and expedient so to do, hereby makes the following […]

S. 68 Addition for fraudulent loan transactions through family trust justified

September 28, 2012 1441 Views 0 comment Print

In the instant case, ‘R’ has created these trusts and was depositing the amount in cash to be given to the company as loans. He did not produce the trust deeds, the author of the trusts or beneficiaries of the trusts. The method and manner in which the amounts were deposited in the bank accounts of the trusts and was transferring the same on the same day by way of cheques to the company clearly established that he was playing a fraud with the revenue.

In case of let out co-owned property, SSI exemption available to each co-owner separately

September 28, 2012 2902 Views 0 comment Print

SSI exemption Notification No. 6/2005-ST dated 01.3.2005 as amended vide Notification No. 8/2008-ST dated 01.3.2008, grants the benefit of exemption of service tax per year, provided that the assessee has not crossed the threshold limit of rupees ten lakhs in the preceding financial year.

In the absence of PE, Business profit of eBay from India Specific websites not taxable

September 28, 2012 1945 Views 0 comment Print

We are mentioning even at the cost of repetition that in order to treat any person as permanent establishment within the meaning of paras 5 and 6 of Article-5 of the DTA, it is of utmost importance that such person should first answer to the description of ‘dependent agent’ and then such dependent agent must perform either of the three activities as mentioned in para 5 of Article 5 of the DTA

Notification No. 41-Income Tax Dated 28-9-2012

September 28, 2012 1391 Views 0 comment Print

Notification No. 41/2012-Income Tax It is hereby notified for general information that the organization National Law School of India University, Bangalore has been approved by the Central Government for the purpose of clause (iii) of sub-section (1) of section 35 of the Income-tax Act, 1961 (said Act), read with Rules 5C and 5E of the Income-tax Rules, 1962 (said Rules), from Assessment year 2011-12 onwards in the category of “University, College or Other Institution”, engaged in research in social science research subject to the following conditions, namely

Due date for Filing Form 23B Extended to 23.12.2012

September 28, 2012 8621 Views 0 comment Print

The filing of e-form 23B is extended without any additional fees till 23/12/12 or due date of filing, whichever is later.

Due Date Extended for Annual Return Filing (Non XBRL) to 03/11/12 & 22/11/12

September 28, 2012 7203 Views 0 comment Print

Company holding AGM or whose due date for holding AGM is on or before 20/09/12, the time limit will be 03/11/12 or due date of filing, whichever is later. Company holding AGM or whose due date for holding AGM is on or after 21/09 /12, the time limit will be 22/ 11/ 12 or due date of filing, whichever is later.

Anonymous donations not to be taxed in case of wholly religious trusts

September 28, 2012 5993 Views 0 comment Print

With a view to prevent channelisation of unaccounted money to these institutions by way of anonymous donations, a new section 115BBC has been inserted to provide that any income of a wholly charitable trust or institution by way of any anonymous donation shall be included in its total income and taxed at the rate of 30 per cent.

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