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Archive: 24 October 2012

Posts in 24 October 2012

Income once assessed in a particular year cannot be assessed in any other year

October 24, 2012 964 Views 0 comment Print

If anything is assessed in the year under consideration that cannot be again assessed in any other year and this will be applicable in either condition. If any amount is not assessed in the year under consideration then that part of income will be assessable in relevant year and if something is assessed in the year under consideration that cannot be assessed in any other year.

Mere breach of contract would not entitle one to claim damages

October 24, 2012 12148 Views 0 comment Print

Consequences for breach of the contract are provided in Chapter VI of the Contract Act which contains three sections, namely, Section 73 to Section 75. As per Section 73 of the Contract Act, the party who suffers by the breach of contract is entitled to receive from the defaulting party, compensation for any loss or damage caused to him by such breach, which naturally arose in usual course of things from such breach, or which the two parties knew when they make the contract to be likely the result of the breach of contract.

Mere change in shareholding pattern not amounts to transfer of factory

October 24, 2012 2318 Views 0 comment Print

From a perusal of Rule 8 of the Cenvat Credit Rules, 2002 , it will be seen that the same is applicable in three circumstances – (1) when the manufacturer of the final products shifts his factory to another site, (2) the factory is transferred from the existing owner to the another person on account of change of ownership, and (3) the factory is transferred on account of merger, amalgamation, lease or transfer of the factory to a joint venture with specific provision for transfer of liabilities of such factory.

Demand based on verification of worksheet submitted by assessee is valid

October 24, 2012 1838 Views 0 comment Print

The demand has been issued based on figures taken from income tax returns where undisputedly the incomes were shown on accrual basis and not on the basis of realization of amounts. The learned advocate pointed out certain amounts were not received by the appellant company from their clients due to disputes. He also submitted that service tax rate adopted in the show-cause notice for certain period was erroneous and same was not the rate prevalent on the dates when service was rendered.

Service Tax Not Applicable on Visa Service provided by Visa facilitators

October 24, 2012 14367 Views 0 comment Print

Visa facilitators, merely facilitate the procurement of visa and directly assist individuals who intend to travel abroad, to complete the immigration formalities. Visa facilitators collect certain statutory charges like visa fee, certification fee, attestation fee, emigration fee, etc. from the visa applicant, which are remitted to the respective authorities, and in addition collect service charges for themselves as remuneration for the assistance provided by them to obtain the visa.

Place of removal in cases where duty is not payable on transaction value shall be place where duty is paid

October 24, 2012 3008 Views 0 comment Print

In this case of specific rate of duty, prima facie, the ‘ place of removal’ would be the ‘ place of removal’ for the purpose of Rule 4 of Central Excise Rules, i.e. the places on removal from where the duty is liable to be paid, which in this case, is the factory gate of Sonadih factory, as the duty on clinker becomes payable at the time of removal from Sonadih factory.

Media Law of India – An Overview

October 24, 2012 36447 Views 1 comment Print

Communication is the procedure, which we use to exchange information by various methods and media is the medium or instrument of storing or communicating information. ‘Media’ the popular term inter-alia used as ‘Press’ denotes the print & electronic information carriers –the News Papers & Magazines, Radio, Television and currently includes Internet as new Media. Hailed as the ‘Fourth Estate’, media is the watchdog of the public affairs, informing the society and vice versa, acts as the forum to advocate the views of the society at large to those at the helm of public affairs.

IFRS in Indian context

October 24, 2012 13695 Views 0 comment Print

International Financial Reporting Standards (IFRS) are principle based standards as against the rule based standards currently in force; that establishes recognition, measurement, presentation and disclosure requirements relating to transactions and events that are reflected in the financial statements. IFRS was developed in the year 2001 by the International Accounting Standards Board (IASB) to provide a single set of high quality, understandable and uniform accounting standards.

Disallowed under garb of HO expenses if it doesn’t include executive or general admin expenses

October 24, 2012 1293 Views 0 comment Print

Assessee has filed the details of apportionment of the expenses based on the percentage of gross sales of the Indian branch to total gross sales by the U.K. company. The assessee has also filed financial statements to show that the U.K. company has shown executive or general administration expenditure as indicated in clauses (a), (b), (c) and (d) of Explanation (iv) to section 44C separately

Notice issued u/s.158BC(a) cannot be equated to a notice issued u/s.148 to reopen an assessment

October 24, 2012 1697 Views 0 comment Print

First proviso to Section 158BC (a) required no notice under Section 148 for making a block assessment, merely because the notice required to be issued under Section 158BC (a) calling for the block return is analogous to the notice under Section 148 to reopen an assessment, is without any basis, either on principle or on authority.

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