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Archive: 21 November 2012

Posts in 21 November 2012

Webinar on Critical Issues in Faceless Assessments under Income Tax Act, 1961

February 14, 2025 3738 Views 0 comment Print

Join our webinar on Faceless Tax Assessments under the Income Tax Act, 1961. Learn concepts, challenges, and solutions from expert CA Hari Agarwal, FCA.

Seeks to impose customs duty on skimmed milk powder by amending notn No. 12/12- Cus, dt: 17.3.2012

November 21, 2012 727 Views 0 comment Print

Notification No. 59/2012-Customs In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 12/2012-Customs, dated the 17th March, 2012, published in the Gazette of India, Extraordinary, vide number G.S.R. 185(E), dated the 17th March, 2012, namely:-

Assessee not required to inform ITO as to what legal inference should be drawn from facts disclosed by him

November 21, 2012 1267 Views 0 comment Print

The duty imposed by the Act upon the tax payer is to make a full and true disclosure of all material facts necessary for the assessee ; he is not required to inform the Income-tax Officer as to what legal inference should be drawn from the facts disclosed by him nor to advise him on questions of law. Whether on the facts found or disclosed, the company was a dealer in shares, may be regarded as a conclusion on a mixed question of law and fact and from the failure on the part of the company to disclose to the Income-tax Officer this legal inference, no fault may be found with the company

Pay your Service Tax Dues before 27th of November

November 21, 2012 2823 Views 0 comment Print

Renting of Immovable Property is one such tax under the net of Service Tax law. The levy was under controversy since years and eventually turned off as deemed levy and adding more pain levied from retrospective date. However for rehabilitation of service tax law in this regard the Section 80(2) was introduced in budget 2012-13.

Loss on sale of partly convertible debentures is short-term capital loss

November 21, 2012 1934 Views 0 comment Print

This issue in fact fell for decision before this Court in the case of CIT v. Karam Chand Thapar and Bros. Ltd. [IT Appeal No. 130 of 1998, dated 17-12-1998] wherein this Court by its judgment and order has upheld the decision of the Tribunal that the claim of loss of the assessee in the matter of sale of Part B of the PCD in the self-same rights issue is permissible as short-term capital loss.

Two agreements with same bank details is reason good enough to to make AO believe that there has been under-assessment of income

November 21, 2012 897 Views 0 comment Print

Once there are reasons for the AO to believe, whether such reasons originate out of the record already scrutinized or otherwise, he shall be within his competence to initiate the re-assessment proceedings. The formation of belief by the AO must always be tentative and not a firm or final conclusion as the latter will negate the very object of giving an opportunity of hearing to the assessee as it will amount to post-decisional hearing.

Ajmal Kasab hanged at Pune’s Yerawada Jail

November 21, 2012 4600 Views 0 comment Print

Death Sentence of Mohammed Ajmal Mohammed Amir Kasab Executed The petition for clemency filed by condemned prisoner Mohammed Ajmal Mohammed Amir Kasab was rejected by the President on 5th November, 2012. The sentence was executed today at 7.30 a.m. at Yeravada Central Prison, Yeravada, Pune.

CESTAT Delhi to pronounce today on whether money transfer a taxable service

November 21, 2012 1929 Views 0 comment Print

Western Union Money Transfer through its main agents Paul Merchants Ltd. and Transcorp had been fighting a protracted battle in North & South Indian CESTAT. Most of the interim decisions of Bangalore CESTAT have been in favour of the sub-agents, holding that the services are not taxable, as these are not rendered in India.

Old Service tax Accounting Code Restored for 120 Services

November 21, 2012 16673 Views 0 comment Print

Circular No. 165/16/2012 -ST Service specific Accounting Codes restored; 120 services labeled with codes unlike to one code for negative list. – Negative List based comprehensive approach to taxation of services came into effect from the first day of July, 2012. Accounting code for the purpose of payment of service tax under the Negative List approach [All Taxable Services – 00441089] was prescribed vide Circular 161/12/2012, dated 6th July, 2012.

Monitoring of Unhedged Foreign Currency Exposure

November 21, 2012 2616 Views 0 comment Print

Unhedged forex exposure of corporates is a source of risk to them as well as to the financing banks and the financial system. Large unhedged forex exposures have resulted in accounts becoming NPAs in some cases. Banks were, therefore, advised in February 2012 that they should rigorously evaluate the risks arising out of unhedged foreign currency exposure of the corporates and price them in the credit risk premium while extending fund-based and non fund-based credit facilities.

Amendment in Para 8.3.1(i) of the Handbook of Procedures Vol.I, 2009-14 – claim of TED by recipient of goods

November 21, 2012 3556 Views 0 comment Print

PUBLIC NOTICE No. 31 (RE 2012)/ 2009-14 Either the recipient of the goods or the supplier of the goods can claim TED refund with appropriate disclaimer.

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