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Archive: 03 December 2012

Posts in 03 December 2012

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 16, 2024 3855 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 14, 2024 3498 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!

Tax Payers’ Lounge Wins Award at IITF, 2012 – 2nd Year in a Row

December 3, 2012 1042 Views 0 comment Print

Tax Payers’ Lounge at India International Trade Fair, 2012 was set up by the Directorate of Income Tax (PR, PP & OL), New Delhi to educate the taxpayers about tax laws & procedures, inform them about the taxpayer services launched by the Department to make compliance to tax laws easy, and to inculcate a tax payment as a value norm to the young adults and school children.

One cannot buy and sell shares from himself

December 3, 2012 942 Views 0 comment Print

The appellant has been found guilty of self trade as well. Self trades admittedly are illegal. This Tribunal has held in several cases that self trades call for punitive action since they are illegal in nature.

No TDS on Transportation in furtherance of contract of sale

December 3, 2012 1952 Views 0 comment Print

It was envisaged between the assessee and GAIL that gas would be supplied by GAIL to the assessee at the receiving point of the assessee’s factory. For such purpose GAIL would be laying down its pipelines and other equipments and would maintain such paraphernalia

No stay for financial crisis if Assessee remains invested in shares

December 3, 2012 621 Views 0 comment Print

As regards the financial difficulty, I have gone through the Income Tax return for the year 2010-2011 and I find that acceding to the Income Tax return, the appellant had invested in equity shares amounting to more than Rs. 4.7 lakhs. In view of the fact that the demand of Service Tax is of Rs. 2.31 lakhs, it cannot be said that the appellant is in such a financial position that he cannot pay this amount.

CMA President Communique December 2012

December 3, 2012 688 Views 0 comment Print

We, the Cost and Management Accountants, also need to Invest to serve the community. But there is a difference between the investment of a businessman and a professional Accountant. The Investment of a businessman mainly comprises monetary matters whereas the investment of a CMA comprises time. We have to invest our time to enhance our competencies and better serve the society. This can be done by acquiring knowledge about the current changes as the present day economy is vibrant and volatile.

ITAT criticizes department for filing appeal despite lower tax effects

December 3, 2012 949 Views 0 comment Print

From the ratio laid down by the Hon’ble Delhi High Court, it is clear that the instructions issued in the Circulars by CBDT are applicable for pending cases also. Therefore, by keeping in view the ratio laid down in the aforesaid referred to cases, we are of the considered view that Instruction No.3/11, dated 09.02.2011 issued by the CBDT are applicable for the pending cases also and in the said instructions, monetary tax limit for not filing the appeal before the ITAT is Rs. 3.00 lakhs.

Foreign Companies/Firms having issues in registration on Income Tax Website – FAQ

December 3, 2012 4503 Views 0 comment Print

The Principal Contact is a Foreigner/Non-resident and does not have a PAN and hence, not able to register in the new e-Filing Application. What should be done? As per CBDT guidelines, Foreigners without PAN is allowed to be an authorized signatory and can file on behalf of the Company/Firm without a PAN encrypted DSC

Even Section 143(1) Assessment Cannot Be Reopened u/s 147 In Absence Of New Material

December 3, 2012 4248 Views 0 comment Print

It was held by the Third Member that section 147 applies both to section 143(1) as well as section 143(3) and, therefore, except to the extent that a reassessment notice issued u/s 148 in a case where the original assessment was made u/s 143(1) cannot be challenged on the ground of a mere change of opinion,

Tribunal has no jurisdiction over rebate claims and appeal has to be filed before GOI

December 3, 2012 1384 Views 0 comment Print

Whatever was submitted to the department was rebate claim under Notification No.21/2004 after the refund claim was rejected. The rebate claim has been correctly rejected on the ground that the procedure as set out under Notification No.21/2004 has not been followed.

Cheque signature mismatch may lead to criminal proceedings – SC

December 3, 2012 15450 Views 0 comment Print

SCset aside verdict of GujaratHC which had held that criminal proceedings for dishonouring of cheque can be initiated only when the cheque is dishonoured because of lack of sufficient amount in the bank account and not in case where a cheque is returned due to mismatch of signature of account holder.

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