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Archive: December, 2012

Posts in December, 2012

Reassessment reasons to believe should be clear & not ambiguous

December 11, 2012 1279 Views 0 comment Print

Learned counsel for the petitioner in these circumstances submitted that the reasons to believe recorded by the Assessing Officer on 26.03.2009 do not record or state that the agreement between the petitioner and Quest was not on record, and that there was failure on the part of the assessee to fully and truly disclose the material facts.

Relinquishment of tenancy right not chargeable to capital gain tax for A.Y. 1986-87, if Cost cannot be ascertained

December 11, 2012 8852 Views 0 comment Print

In the background of above legal position, we have to ascertain from the facts on record whether it is possible to ascertain the cost of acquisition of the tenancy rights. We may recall that the assessee and the landlord entered into an agreement under which, the landlord agreed to rent out four existing floors to the assessee, and for three more under construction floors of the building,

MCA 21 Project – Achievements and Continuation

December 11, 2012 1658 Views 0 comment Print

Shri Pilot said that the introduction of MCA 21 has yielded remarkable results. In terms of efficiency, the project achieved speedy delivery of services and regulation of corporate compliances through the use of modern information technology.

Cenvat credit can be utilized for payment of ST under reverse charge mechanism

December 11, 2012 10122 Views 0 comment Print

The appellant is a manufacturer of acrylic fibre, acrylic top etc. and were availing the facility of Cenvat credit of duty paid on inputs, capital goods and Service Tax paid on inputs services used in or in relation to manufacture of final products. The appellants are availing the services of foreign agents and were paying commission on said agents located outside India.

EPFO time bars inquiry against employers in PF cases to 7 yrs

December 10, 2012 1510 Views 0 comment Print

Retirement fund body EPFO has tightened the norms for initiation of its inquiries against employers and also set a time bar of seven years for such proceedings, a move which the trade unions have described as anti-worker. The circular, which was issued by Central Provident Fund Commissioner (CPFC) R C Mishra on his last day […]

Govt withdraws search,seizure powers of new criminal IT wing

December 9, 2012 2698 Views 0 comment Print

The elite criminal investigation wing of the Income Tax department, which conducted a number of high-profile actions including raids on liquor baron Ponty Chadha, has been disallowed to carry out any search or seizure operations by the Finance Ministry henceforth.

‘Soft serve’ provided by McDonalds is ice cream for the purposes of excise – SC

December 9, 2012 4387 Views 0 comment Print

The assessee has averred that ‘soft serve’ cannot be regarded as ice- cream since the former is marketed and sold around the world as ‘soft serve’. We do not see any merit in this averment. The manner in which a product may be marketed by a manufacturer, does not necessarily play a decisive role in affecting the commercial understanding of such a product. What matters is the way in which the consumer perceives the product at the end of the day notwithstanding marketing strategies.

Waiver of interest – Plea of ‘Bonafide mistake’ will help only if assessee is covered by prescribed circumstances

December 9, 2012 1263 Views 0 comment Print

In my view, the contention raised by the learned counsel for the petitioners cannot be said to be one which is covered by any one of the aforesaid circumstances. If that be so, rejection of their claim for waiver of interest cannot also be said to be illegal.

TAN Account now migrating from TIN to TRACES (TDS-CPC)

December 9, 2012 41973 Views 0 comment Print

TRACES is a web-based application of the Income Tax Department that provides an interface to all stakeholders associated with TDS administration. It enables viewing of challan status, downloading of NSDL Conso File, Justification Report and Form 16 / 16A as well as viewing of annual tax credit statements (Form 26AS).

Attention! Students Appearing December, 2012 session of CS Examinations

December 9, 2012 3273 Views 0 comment Print

All students appearing in December, 2012 session of CS examinations (Foundation Programme Old Syllabus, Executive Programme & Professional Programme) are hereby informed that important preliminary details of their examination enrollment (including their photograph and signature) have been uploaded on institute’s website www.icsi.edu.

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