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Archive: 2012

Posts in 2012

Rejection of Nil or lower tax deduction certificate for pendency of penalty proceedings is invalid

August 14, 2012 7032 Views 0 comment Print

The issue of certificate under Sub-section (1) of Section 197 of the Act is mandatory on fulfilment of conditions enumerated under the rules. For determining the existing and estimated liability of the assessee where tax deduction is from income other than dividends, the Assessing Officer is to be guided by Sub-rule (2) of Rule 28AA of the Rules.

S.54E exemption available on gain on sale of depreciable Assets

August 14, 2012 8430 Views 0 comment Print

Exemption under section 54E of the Income-tax Act cannot be denied to the assessee on account of the fiction created in section 50. It is true that section 50 is enacted with the object of denying multiple benefits to the owners of depreciable assets. However, that restriction is limited to the computation of capital gains and not to the exemption provisions.

Notification No. 74/2012-Customs (N.T.), Dated: 14.08.2012

August 14, 2012 1881 Views 0 comment Print

Notification No. 74/2012-CUSTOMS (N. T.) In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise & Customs, being satisfied that it is necessary and expedient so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2001-Customs (N.T.), dated the 3rd August, 2001, published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (ii), vide number S. O. 748 (E), dated the 3rd August, 2001, namely:-

Empanelment for internal audit with Can Fin Homes Ltd.

August 14, 2012 3639 Views 0 comment Print

Can Fin Homes Ltd.(CFHL), invites applications from the eligible/interested Firms/ Companies for empanelment as External Auditors for conducting Internal Audit at half yearly intervals in the identified 13 branches as per Annexure 1 for the period from 01.07.2012 to 30.06.2015, subject to our norms.

Amendments Schedule-I (Imports) of the ITC(HS) Classifications of Export and Import Items, 2009-14

August 14, 2012 1607 Views 0 comment Print

The 14 August, 2012 In exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992, as amended, read with paragraph 1.3 and paragraph 2.1 of the Foreign Trade Policy – 2009-14, the Central Government hereby amends Schedule – I (Imports) of the ITC(HS) Classifications of Export and Import Items, 2009-14 as under:

Accounting Standards Committee Final Report -August 2012

August 14, 2012 1065 Views 0 comment Print

CBDT has constituted the present Committee to harmonise the Accounting Standards issued by the ICAI with the provisions of the Act for the purposes of notification under the Act and also to suggest amendments to the Act necessitated by transition to Ind-AS/IFRS. The Committee comprised of brilliant professionals and knowledgeable officers from the Department.

Last Date for MEF submission extended upto 31st August, 2012

August 14, 2012 1517 Views 0 comment Print

This is to inform that Multipurpose Empanelment form for the year 2012-13 (including form for empanelment of Bank Branch Auditors for the year 2012-13) has been hosted on the website www.meficai.org. Last date for submission of online applications on www.meficai.org has been extended upto 31st August, 2012.

CIT can review registration granted u/s. 12A

August 14, 2012 2253 Views 0 comment Print

CIT can review the grant of registration at any time because the words used in the provision are, and subsequently the Commissioner is satisfied, which means that registration can be reviewed at any given point of time. There is no question, that once the registration is granted, the issue of registration becomes functus officio.

If Assessee challenges adoption of Section 50C than A.O. must refer valuation to Valuation Officer

August 14, 2012 3156 Views 0 comment Print

From a reading of the provisions of section 50C(2), it is clearly mandated that if an assessee challenges or objects to the Assessing Officer adopting the guideli ne value of the property for stamp duty purposes in place of the stated consideration in the sale deed for the purposes of computing LTCG, then the Assessing Officer ought to refer the property for valuation to the Valuation Officer of the Income-tax department.

S. 12A Registration cannot be denied for investment of surplus fund in immovable property

August 14, 2012 2341 Views 0 comment Print

Plain reading of provisions of section 11(2)(b) lays down that 85 per cent of the income is to be applied to charitable purposes or set apart and the moneys accumulated or set apart can be invested or deposited in the forms or modes specified in sub-section (5). Clause (x) of sub-section (5) to section 11 prescribes one of the modes of investment as ‘investment in immovable property’.

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