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Archive: 2012

Posts in 2012

No TDS on Payment to labourers appointed & paid through Mathadi Board

September 12, 2012 25952 Views 0 comment Print

The mandate of Sec. 194C is that the relationship of the person paying any sum to the person carrying out any work including the supply of labour should be in he nature of the principal to contractor. After anxiously examining the provisions of Maharashtra Mathadi Act and Scheme framed under it, we are of the opinion that there is no contractual relationship as a principal and contractor between these assessees and Mathadi Board,

Reopeing of Assessment to verify compliance with provisions amended in future is invalid

September 12, 2012 1173 Views 0 comment Print

From the facts on records, it is apparent that the impugned notice under section 148 has been issued after the expiry of a period of four years from the end of the relevant assessment year in a case where earlier an assessment had been framed under section 143(3) of the Act. Under the circumstances, the proviso to section 147 would be attracted.

Consolidated service charges for let out property are taxable under ‘Income from house property’.

September 12, 2012 2183 Views 0 comment Print

There are concurrent findings of fact by the Commissioner (Appeals) as well as the Tribunal that no services are being provided by the assessee to the occupants of its property and that the service charges have to be included as a part of its rental income. The test to determine whether the service agreement is different from the rent agreement would be whether the service agreement could stand independently of the rent agreement.

Acceptance of application by Settlement Commission on basis of non-committal report of JDIT is not correct – SC

September 12, 2012 2013 Views 0 comment Print

The ITSC could not have been satisfied as to the acceptability of the assessee’s explanation with regard to the various issues raised before it in the report of the Commissioner merely on the basis of the reports of the JDIT. Without applying its mind directly to the report of the Commissioner and the materials referred to therein, it could not have reached the conclusion that nothing more was required to be added over and above the undisclosed income of Rs. 15 lakhs disclosed by the assessee. The ITSC thus ignored relevant evidence and material which it ought to have taken into account while processing the assessee’s application. [

Re-assessment held to be void if AO has not analysed in detail the reasons of reopening

September 12, 2012 925 Views 0 comment Print

Once the assessment was reopened to investigate the purchase of various lands then the Assessing Officer was duty bound to make enquiries to examine the purchase of these land as well as the sources for the same. The Assessing Officer has simply issued notice under sections 142(1) and 143(2) which is standard for format of the notice.

Disallowance u/s 14A if no expenditure incurred to earn exempt income

September 11, 2012 1493 Views 0 comment Print

in the instant case, the assessee denied incurring any expenditure for earning income, which did not form part of total income during the course of assessment proceedings even when huge investments were made by the assessee in securities .

SEBI (Depositories and Participants) (Amendment) Regulations 2012

September 11, 2012 1027 Views 0 comment Print

In exercise of the powers conferred by section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) read with section 25 of the Depositories Act, 1996 (22 of 1996), the Board hereby makes the following Regulations to amend the Securities and Exchange Board of India (Depositories and

Central Govt specifies wages of Rs. 18000 P.M. u/s.1(6) of Payment of Wages Act,1936

September 11, 2012 5240 Views 0 comment Print

In exercise of the powers conferred by sub-section (6) of section 1 of Payment of Wages Act, 1936 (4 of 1936), the Central Government, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organisation, hereby specifies Rupees eighteen thousand per month as the wages under said sub-section (6).

Main reasons for non-compliance with Legal Provisions

September 11, 2012 5330 Views 0 comment Print

There have been several times in the last two decades when the ethical behavior of organisation has been the center of attention. This may be due to lack of knowledge on the issues related to compliance.

Cenvat credit of basic excise duty for payment of NCCD

September 11, 2012 17344 Views 2 comments Print

Representations have been received from certain industry associations seeking a clarification whether Cenvat credit of the duty of excise specified in the First Schedule to the Central Excise Tariff Act (commonly known as basic excise duty) paid on inputs used in or in relation to the manufacture of final products can be utilized for payment of National Contingency Calamity Duty (NCCD) on said final products.

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