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Archive: 18 October 2012

Posts in 18 October 2012

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 18, 2024 4050 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 18, 2024 3648 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

SION for new product “Copper Based Pre-alloyed Powder R-800” under Engineering Product Group

October 18, 2012 1000 Views 0 comment Print

In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14 and Paragraph 1.1 of the Handbook of Procedures (Vol.1), the Directorate General of Foreign Trade hereby notifies a new SION bearing number C- 2049 in respect of the export product Copper based pre-alloyed powder R-800. The new entry would be as under:-

S. 11(2) – Income Accumulation can’t be questioned if trust furnishes the purpose

October 18, 2012 16356 Views 0 comment Print

Section 11(1) provides subject to the provisions of section 60 to 63, the income which is derived from property held under trust wholly for charitable or religious purposes, to the extent to which such income is applied to such purposes in India; and, where any such income is accumulated or set apart for application to such purposes in India,

Cenvat credit eligibility of services used for clearance of final products upto the place of removal

October 18, 2012 2380 Views 0 comment Print

By virtue of powers granted under Section 37(1) of Central Excise Act, 1944, Central Government can make rules to provide for credit of Service Tax leviable under Chapter V of the Finance Act, 1994 (32 of 1994) paid or payable on taxable services used in or in relation to the manufacture of excisable goods.

Expense on sub-division of shares is revenue expenditure as No enduring benefit

October 18, 2012 1489 Views 0 comment Print

In the present case, the expenditure is incurred for the purpose of sub-division of the shares. However, we do not see how the observations made by the Apex Court in the ratio laid down in case of General Insurance Corporation (supra) can be distinguished in view of such difference in facts. In case of sub-division of the shares also, there is no increase in the share capital of the company.

Notification No. 95/2012-Customs (N.T.), Dated: 18.10.2012

October 18, 2012 439 Views 0 comment Print

S.O. (E). – In exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and in super session of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.91/2012-CUSTOMS (N.T.), dated the 4th October, 2012 vide number S.O. 2360(E), dated the 4th October, 2012, except as respects things done or omitted to be done before such super session, the Central Board of Excise and Customs hereby determines that the rate of exchange of conversion of each of the foreign currency specified in column (2) of

Deeming Provision U/s. 50C cannot be applied to Purchase to make addition U/s. 69B

October 18, 2012 1583 Views 0 comment Print

In the case of Harley Street Pharmaceuticals Ltd. (supra) it has been held that provisions of Sec.50C are applicable only for computation of capital gains in real estate transaction in respect of seller only and not for the purchaser. Legal fiction cannot be extended any further and has to be limited to the area for which it is created.

Input service credit available on storage charges paid up to place of removal

October 18, 2012 3363 Views 0 comment Print

Question whether the place where goods are stored after clearance from the factory on payment of duty can be considered as place of removal for the purpose of Rule 2(l) of Cenvat Credit Rules, 2004 is no longer res integra because of the clarification issued by the CBEC in the matter.

Full value of consideration cannot be substituted by market value unless there is a proof for extra consideration

October 18, 2012 3812 Views 0 comment Print

Honourable Madras High Court in case of A.S. Jayakumar (supra) has held that unless there is a proof for extra consideration paid by the purchaser over and above what is stated in the sale deed, section 52(2) of the I T Act cannot be invoked.

TDS u/s. 194C on payments to agents of truck-owners?

October 18, 2012 2135 Views 0 comment Print

So far as pre June 2008 position is concerned, tax withholding obligations under section 194 C in respect of an individual only in cases where the payments were made to a sub contractor for carrying out a part off work, or the work itself, undertaken by the assessee and that too when such individual’s turnover from business or profession exceeded threshold specified in section 44AB.

Defects in Block Assessment notice can’t vitiate its validity, if assessee participates in proceedings

October 18, 2012 948 Views 0 comment Print

Assessee participated in the enquiry conducted under Section 131 of the Income Tax Act and had also made a statement confirming the purchase of the land. Subsequent thereto, the assessee had participated in the enquiry and on 15.5.2002, in response to the notice under Section 142(1)

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