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Archive: 2012

Posts in 2012

Free ‘Quick Referencer’ on Cooperatives & NPO Sectors

August 29, 2012 1640 Views 0 comment Print

The ‘Quick Referencer’ contains the relevant information about cooperatives & NPO sectors in brief such as important acts, accounting standards, auditing standards, important provisions of direct and indirect taxes, registration under different acts, various forms, and other important information about these sectors.

Non-resident guarantee for non-fund based facilities entered between two resident entities

August 29, 2012 1939 Views 0 comment Print

Borrowing and lending of Indian Rupees between two persons resident in India does not attract the provisions of the Foreign Exchange Management Act, 1999. In case where a Rupee loan is granted against the guarantee provided by a person resident outside India, there is no transaction involving foreign exchange until the guarantee is invoked and the non-resident guarantor is required to meet the liability under the guarantee.

Multilateral convention on mutual administrative assistance on tax matters with OECD member countries

August 29, 2012 861 Views 0 comment Print

Notification No. 35/2012-Income Tax Whereas, a Multilateral Convention on Mutual Administrating Assistance in Tax Matter and as amended by the 2010 protocol was signed by the Republic of India at the headquarters of the Organisation for Economic Co-operation and Development (OECD) at Paris on the 26rd day of January, 2012 (hereinafter referred to as the said Convention);

No Section 54 exemption If assessee himself demolishes building before sale

August 28, 2012 3765 Views 0 comment Print

As per the Development Agreement entered into between the parties, the assessee and his brothers have demolished the existing residential building and handed over the vacant space to an extent of 16800 sq ft. to the Developer for construction of the apartment. Since the residential building has already been demolished by the assessee and his brothers themselves, they are not entitled to claim benefit under section 54 of the Act.

Deduction for sum payable to an employee in lieu of leave to his credit–Section 43B(f)

August 28, 2012 831 Views 0 comment Print

In the judgement of Calcutta High Court in the case of Exide Industries Ltd. Vs Union of India [2007] 292 ITR 470 (Cal), it was held that section 43B(f) of the Income-Tax Act, 1961 (the Act) was arbitrary, unconscionable and de-hors the Supreme Court decision in the case of Bharat Earth Movers Vs CIT [2000] 245 ITR 428 (SC) and accordingly, the same was struck down as ultra-vires.

No TDS default for non-deduction of TDS on accommodation perquisites if concession not established

August 28, 2012 2111 Views 0 comment Print

Assessing Officer has nowhere held in the impugned order that any concession was given by the employer to its employees and they have provided the accommodation on a concessional rates. Assessing Officer straightway applied Rule 3 without first establishing the case that the appellants have provided any concession in the shape of accommodation to its employees.

Free software to Prepare ITR & TDS Return

August 28, 2012 20946 Views 0 comment Print

ICAI has arranged the ‘Tax Cloud software: Cloud based ITR & TDS Return Preparation for CAs’ enables Income Tax Return and TDS Return preparation, provides all types of assesses support including Individuals, HUFs, Firms and Companies, calculates Income Tax under all heads such as Salary, House Property, Capital Gain, Business and Profession, Other and Exempt Income Heads,

HC dismissed writ petition as petitioner had alternate remedy to approach CESTAT

August 28, 2012 1282 Views 0 comment Print

In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondents, and on a perusal of the records available, it is noted that an appellate remedy is available to the petitioner to challenge the impugned order passed by the third respondent, on 27.3.2012, under Section 86 of the Finance Act, 1994.

Compensation to end litigation – Capital gain or Business Profit?

August 28, 2012 6161 Views 0 comment Print

CIT-DR has contended that compensation should be regarded as normal business receipt received in the normal course of business, we find that the same had not been received in lieu of undertaking any negative covenants not to compete with Schneider in India but on the contrary the assessee continues to carry on the same line of business.

Service tax on vocational education/training course – Clarification

August 28, 2012 4689 Views 0 comment Print

Circular No. 164/15/2012-ST Clarification has been sought in respect of levy of service tax on certain vocational education/training/ skill development courses (VEC) offered by the Government (Central Government or State Government) or local authority themselves or by an entity independently established by the Government under the law, as a society or any other similar body.

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