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Archive: 29 October 2012

Posts in 29 October 2012

Join 10 days Online GST Certificate Course (Litigation Series) from Aug 6th, 2024

July 29, 2024 19380 Views 0 comment Print

ACAE in association with IDTPF, STAR and TAXGURU announces its most awaited GST CERTIFICATE COURSE. This year’s course is on litigation and is titled LITIGATION SERIES. The Course will be held online on ZOOM from Aug 6th, 2024 to Aug 17th, 2024 (except 11th Aug and 15th Aug) from 5 PM to 7 PM. The […]

Live Course: Analysis of Input Tax Credit from a Litigation Perspective

July 18, 2024 6981 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!

FM Statement on Kelkar Committee Report, Fiscal Roadmap & Consolidation

October 29, 2012 534 Views 0 comment Print

The Kelkar Committee has cautioned us that a business-as-usual scenario for the current year may lead to the fiscal deficit rising to 6.1 per cent of GDP. This would have grave consequences for the economy is, therefore, totally unacceptable. The Committee has recommended a number of reform measures in taxation, disinvestment and expenditure.

Cenvat Credit cannot be denied if invoice number was handwritten or rubber stamped

October 29, 2012 4579 Views 0 comment Print

Whether the Cenvat credit can be denied on the ground that the invoice number was handwritten or rubber stamped but not printed on invoice? The appellants are in appeal against the impugned orders wherein input credit taken by them on duty paid invoice was denied only on the basis that the invoice number was handwritten or rubber stamped but not printed.A show-cause notice was issued and demands were confirmed by both the lower authorities. Aggrieved from the said orders, an appeal was filed before the CESTAT-Mumbai.

If non deduction of TDS on Salary is pursuant to HC order Assessee not liable for consequences u/s. 201

October 29, 2012 1778 Views 0 comment Print

Section 192 deals with the deduction of tax at source. It is computed on the estimated income of the assessee under the head ‘salary’ and the liability is at the time of payment of salary, if there is a perquisite, there is responsibility to deduct tax of the employer under section 192(1), 192(1A) and 192(1B). Perquisite is actually not a payment of salary but a benefit not in terms of money.

Penalty justified if deduction claimed is not permissible & there was no debatable or contentious issue

October 29, 2012 717 Views 0 comment Print

The assessee had wrongly taken the benefit of Section 80IA on the gross total income by reducing the loss of Unit-II from Unit-I and thereby declaring the return at Nil and carried forward the loss of Rs. 23,94,827/-, which was not permissible.

Period taken to approach Settlement Commission & its rejection is to be excluded for block assessment

October 29, 2012 1110 Views 0 comment Print

Given the fact that the Settlement Commission order was made on 11.6.2002 and as on the date of insertion to Explanation 1(iv) with effect from 1.6.2002 the applications were pending before the Settlement Commission, we have no hesitation in rejecting the assessees’ contention that the Explanation should not be given retrospective effect.

Notification No. 45-Income Tax Dated 29/10/2012

October 29, 2012 796 Views 0 comment Print

Notification No. 45/2012-Income Tax It is hereby notified for general information that the organization National Institute of Ocean Technology, Chennai has been approved by the Central Government for the purpose of clause (ii) 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 “Scientific Research Association”, engaged in research in science subject to the following conditions, namely:-

Depreciation should be allowed as claimed in revised return and not as claimed in original return

October 29, 2012 3568 Views 0 comment Print

CIT(A) followed the earlier order of the Tribunal in assessee’s own case in part and not in toto. He was of the view that interest and salary to the partners be allowed but not interest to third parties and the depreciation was to be allowed as claimed in the original return because the claim made in the revised return could not be substantiated. However, he has brought nothing on record as to how and in what manner the claim in the revised return was not substantiated particularly when the then learned CIT(A) vide order dt. 30th March, 2007 accepted the filing of revised return and the said order on the issue of acceptance of revised return

Rs. 20,000/- penalty for non-filing of Quarterly Service Tax return??

October 29, 2012 14211 Views 0 comment Print

ACES has started accepting Service Tax (ST-3) returns for the period April to June 2012 revising the earlier forms by removing few bugs. The extended time to file now is till 25th Nov for Apr to Jun 12 ST Returns. Returns for July to September 2012 is still undergoing some structural changes.

Clearance of containers and imported goods – regarding

October 29, 2012 712 Views 0 comment Print

Instances have come to notice of the Board that clearance of some containers were allowed without filing of Bill of Entry and payment of Customs duty by using forged signatures of Customs officials on manual Out of Charge orders (gate passes) leading to substantial loss of revenue to the Government exchequer. These cases highlight the high propensity to commit fraud and duty evasion.

Details of reshuffle in Union Council of Ministers

October 29, 2012 884 Views 0 comment Print

The President of India, as advised by the Prime Minister, appointed and administered the Oaths of Office and Secrecy to the following members of the Union Council of Ministers:-  CABINET MINISTERS  1. Shri K. Rahman Khan 2. Shri Dinsha J. Patel 3. Shri Ajay Maken 4. Shri M.M. Pallam Raju 5. Shri Ashwani Kumar 6. […]

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