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Archive: 2012

Posts in 2012

Lease/rental -House Property or business income- Intention of Parties

September 14, 2012 10611 Views 0 comment Print

On a careful perusal of the various decisions, it becomes clear that the facts prevailing in each case and the intention of the parties have to be considered in order to decide the question whether the lease/rental income is to be treated as house property income or business income. The nomenclature given to the said income is irrelevant.

Misuse charges & interest on the same not deductible in computing total income

September 14, 2012 1309 Views 0 comment Print

Explanation-I to section 37(1) provides inter-alia that any expenditure incurred for any purpose which is prohibited by law shall not be deemed to have been incurred for the purpose of business and no deduction or allowance shall be made in respect of such expenditure. This provision is clearly applicable to the case of the assessee. In a nutshell, it is held that misuse charges and interest on misuse charges are not deductible in computing the total income of the assessee.

Govt approves FDI in multi-brand product retail trading subject to conditions

September 14, 2012 1144 Views 0 comment Print

The Cabinet has approved the proposal of the Department of Industrial Policy & Promotion for permitting FDI in multi-brand retail trading, subject to specified conditions.

Section 53A- ‘Willingness to perform’ is key factor to tax transfer

September 14, 2012 4169 Views 0 comment Print

It is thus clear that ‘willingness to perform’ for the purposes of Section 53A is something more than a statement of intent; it is the unqualified and unconditional willingness on the part of the vendee to perform its obligations. Unless the party has performed or is willing to perform its obligations under the contract, and in the same sequence in which these are to be performed,

Review of the policy of Foreign Investment in Companies Operating in the Broadcasting Sector

September 14, 2012 411 Views 0 comment Print

The Cabinet Committee on Economic Affairs has approved the proposal of the Department of Industrial Policy & Promotion for Review of the policy on Foreign Investment (FI) in companies operating in the Broadcasting Sector.

Govt approves foreign investment up to 49 percent, in Power Trading Exchanges

September 14, 2012 384 Views 0 comment Print

The Cabinet Committee on Economic Affairs has approved the proposal of the Department of Industrial Policy & Promotion for permitting foreign investment up to 49 percent, in Power Trading Exchanges.

FDI in Civil Aviation Sector – Foreign airlines permitted to make foreign investment, up to 49 percent

September 14, 2012 621 Views 0 comment Print

The Cabinet Committee on Economic Affairs has approved the proposal of the Department of Industrial Policy and Promotion for permitting foreign airlines to make foreign investment, up to 49 percent in scheduled and non-scheduled air transport services.

Allocation of quantity of Rough Marble and Travertine Blocks for import for Financial Year 2012-13

September 14, 2012 1066 Views 0 comment Print

Trade Notice No. 04/2012 Issue of import license by RAs of DGFT would commence from 17th September 2012 & end on 20th September 2012. In case any applicant/firm is found to have submitted false or erroneous information or have made any misdeclaration / misrepresentation, such applicant / firm, (a) shall forfeit the allocation made in this Trade Notice,

Do not respond to Mails asking for your Internet Banking Account Details

September 14, 2012 810 Views 0 comment Print

It has come to the notice of the Reserve Bank of India (RBI) that a fraudulent email has been sent and signed in its name as `Reserve Bank of India’. The mail has referred to provisions of Banking Regulation act, 1949 and Prevention of Money Laundering Rules, 2005

Service tax Payable on Value of study materials supplied free & mock tests conducted?

September 14, 2012 2788 Views 0 comment Print

The applicant were discharging their Service Tax liability in respect of tuition fee being charged by them from their students. Their premises were visited by the officers on 7.1.2010 and scrutiny of various records maintained by the appellants revealed that no Service Tax was being paid by them on pre-schooling coaching, sale of text books, conducting of mock test series etc.

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