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Archive: 2012

Posts in 2012

Assessee not entitled to claim depreciation on an asset which has been written off from books

October 7, 2012 3568 Views 0 comment Print

Where the assessee has written off the value of assets in the books of assessee as obsolete, can it still be include the value of said machinery in the block of assets and claim depreciation thereon. In the decision of the Hon’ble Delhi High Court in the case of M/s Bharat Aluminium Co., Ltd., the Court held that in order to be entitled to claim depreciation asset has to be owned by the assessee and it has to be used for the purpose of business or profession, but the expression used for the purpose of business, would apply for block of assets and not any specific building, machinery, plant or furniture in the said block of assets, as the individual assets loose identity after becoming inseparable part of block of assets.

HC refer applicability of Monetary Appeal Filing Limit Instruction to Larger bench

October 7, 2012 1371 Views 0 comment Print

Whether the view taken by this Court in case of Sureshchandra Durgaprasad Khatod (HUF) (supra) that the instructions of 2011 of the Board providing for revised monetary limits for filing the appeals to the Tribunals, High Courts and Supreme Court, would apply to all pending cases irrespective of the date of filing of such appeals is correct, particularly, in view of express language used in paragraph 2 of the instructions which provides for revised monetary limits for filing of the appeals and paragraph 11 thereof which provides inter-alia that such instructions will apply to appeals filed on or after 9th February 2011?

Procedure of Annual Processing Fee under Punjab Value Added Tax Act, 2005

October 7, 2012 2816 Views 0 comment Print

Rule 40A has been added to the Punjab Vat Rules, 2005 as per which Every taxable person shall pay annual processing fee of Rs. Eight Hundred only during the month of October alongwith the filing of quarterly return. This processing fee is in lieu of operation, maintenance and upgradation of such facilities and services as electronic issuance of statutory forms, e-filing of returns, e-payment of taxes and such other online and offline services being rendered or proposed to be rendered by the Excise and Taxation Department.

Guarantors fail to claim their rights under Contract Act although Courts have recognised these rights

October 7, 2012 2777 Views 0 comment Print

Narendra Sharma, Consultant (Legal) Introduction – Recently, after going through my Articles on the website {namely (1) Director’s Personal Guarantee-A Void Agreement and (2) Personal Guarantee-A Void Agreement), one visitor informed me that, on the contrary, commenting on his case regarding enforcement of his personal guarantee by the Bank, a well known Supreme Court Advocate […]

Voluntary guidelines for companies for providing general information on their websites

October 7, 2012 780 Views 0 comment Print

Voluntary Guidelines for Companies for providing general information on their websites about the company to promote good corporate governance and to enhance investors’ awareness

Deposit of cash in principal’s bank account by agent held as not a violation of sec. 40A(3)

October 6, 2012 1212 Views 0 comment Print

Learned counsel for the revenue submitted that the assessee had violated the provisions of Section 40A(3) of the Act and therefore the addition of Rs. 60,19,000/- made by the Assessing officer was wrongly deleted by the Tribunal. Relying upon the judgment of this Court in CIT v. SAS Educational Society [2009] 319 ITR 65 (Punj. & Har.), it was submitted that the Tribunal had erroneously accepted the plea of the assessee whereas in view of the express provisions of section 40A(3) of the Act, any amount paid in cash in excess of Rs. 20,000/- was inadmissible.

SEBI permits demat of Fixed / Post OfficeDeposits, Insurance Policies etc.

October 6, 2012 1619 Views 0 comment Print

Expansion of asset classes which can be held in demat form – (i) There have been demands for dematerialization of assets/records other than securities, such as, Warehouse receipts, Fixed Deposits with banks and corporates, Insurance Policies, Investment products of Post Office, etc.

Stem Cell Banking – Exigible To Service Tax?

October 6, 2012 10551 Views 1 comment Print

Stem Cell banking is an activity of collection, processing, testing and storage of stem cells to make the same available explicitly to person who owns the same, which is carried out by the Stem Cell banker for an individual at an agreed consideration.

Reassessment on the basis of information received under treaty is valid

October 6, 2012 1567 Views 0 comment Print

It is difficult to appreciate the petitioner’s objection that the information received from DAO-45, New Delhi, acting under Article 26 of the Indo-Japanese treaty for the Avoidance of Double Taxation, cannot constitute valid material on the basis of which the Assessing Officer can form even a tentative or prima facie belief that income to the extent of Rs. 11,28,644/- had escaped assessment.

Climate change mitigation & its importance for professionals

October 6, 2012 528 Views 0 comment Print

The Threat to the environment, posed by the global climate change is real. Human activities are increasing the atmospheric concentrations of greenhouse gases. All theoretical models predict that these increases in greenhouse gas concentrations will cause changes in climate, both regionally and globally — with adverse consequences likely for human health, as well as to ecological and socio­economic systems.

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