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Archive: 06 October 2012

Posts in 06 October 2012

Deposit of cash in principal’s bank account by agent held as not a violation of sec. 40A(3)

October 6, 2012 888 Views 0 comment Print

Learned counsel for the revenue submitted that the assessee had violated the provisions of Section 40A(3) of the Act and therefore the addition of Rs. 60,19,000/- made by the Assessing officer was wrongly deleted by the Tribunal. Relying upon the judgment of this Court in CIT v. SAS Educational Society [2009] 319 ITR 65 (Punj. & Har.), it was submitted that the Tribunal had erroneously accepted the plea of the assessee whereas in view of the express provisions of section 40A(3) of the Act, any amount paid in cash in excess of Rs. 20,000/- was inadmissible.

SEBI permits demat of Fixed / Post OfficeDeposits, Insurance Policies etc.

October 6, 2012 1445 Views 0 comment Print

Expansion of asset classes which can be held in demat form – (i) There have been demands for dematerialization of assets/records other than securities, such as, Warehouse receipts, Fixed Deposits with banks and corporates, Insurance Policies, Investment products of Post Office, etc.

Stem Cell Banking – Exigible To Service Tax?

October 6, 2012 10128 Views 1 comment Print

Stem Cell banking is an activity of collection, processing, testing and storage of stem cells to make the same available explicitly to person who owns the same, which is carried out by the Stem Cell banker for an individual at an agreed consideration.

Reassessment on the basis of information received under treaty is valid

October 6, 2012 1297 Views 0 comment Print

It is difficult to appreciate the petitioner’s objection that the information received from DAO-45, New Delhi, acting under Article 26 of the Indo-Japanese treaty for the Avoidance of Double Taxation, cannot constitute valid material on the basis of which the Assessing Officer can form even a tentative or prima facie belief that income to the extent of Rs. 11,28,644/- had escaped assessment.

Climate change mitigation & its importance for professionals

October 6, 2012 351 Views 0 comment Print

The Threat to the environment, posed by the global climate change is real. Human activities are increasing the atmospheric concentrations of greenhouse gases. All theoretical models predict that these increases in greenhouse gas concentrations will cause changes in climate, both regionally and globally — with adverse consequences likely for human health, as well as to ecological and socio­economic systems.

No addition u/s. 69B merely because property is worth several crores

October 6, 2012 3095 Views 0 comment Print

There is a fundamental fallacy in invoking the provisions of the Wealth Tax Act to the application of section 69B of the Income Tax Act, notwithstanding that both the Acts are cognate and have even been said to constitute an integrated scheme of taxation. Under the Income Tax Act, we are to find what was the real and actual consideration paid by the assessee and whether the full consideration has been recorded in the books.

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