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Archive: 2012

Posts in 2012

Sec. 40A(2)(a) – Onus lies on department to prove excessive or unreasonable expense

June 24, 2012 8316 Views 0 comment Print

In the instant case, there is nothing to suggest that the AO found the payment of remuneration to director excessive having regard to either (a) fair market value of the services or facilities; or (b) the legitimate needs of the business of the assessee; or (c) the benefits derived by or accruing to the assessee on receipt of such services or facilities. The AO while making the disallowance observed that disallowance was made keeping in view quantum and nature of business of the assessee. But how quantum or nature of business affected payment of salary to its director, has not been elaborated.

Company not eligible to bring rights issue till prohibitory orders against promoter group is in force

June 24, 2012 2625 Views 0 comment Print

Regulation 4 appears under Chapter II providing common conditions for public issues and rights issues. It prescribes general conditions meaning thereby that unless the requirements laid down in these general conditions are satisfied, the Board will not proceed with granting its clearance for the issue of capital. These conditions must be satisfied not only at the time of filing of draft offer document with the Board but also at the time of registering or filing the final offer document with the Registrar of Companies or designated stock exchange, as the case may be.

In case of Multiple Appeal for an A.Y. tax effect of all appeals to be considered to Compute Appeal Filing Limit

June 24, 2012 2244 Views 0 comment Print

After taking into consideration the Instruction No. 5 of 2008, it is found that by virtue of the said Instruction, the revenue was prohibited from pre

Volatility Transmission in the Exchange Rate of India Rupee

June 24, 2012 2632 Views 0 comment Print

In an environment of growing integration among the financial markets, volatility in the exchange rate of a currency could not only be attributed to domestic macroeconomic and global factors but also attributed to spillover effects emanating from other volatile markets due to market microstructure in terms of differences in timing of trading activity, bid-ask spreads and risk perceptions. In this context, this paper analyses volatility spillovers from the exchange rates of the Brazilian Real, the Russian Ruble, the South Korean Won, the Singapore Dollar, the Japanese Yen, the Swiss Franc, the British Pound Sterling and the Euro to the exchange rate of the Indian Rupee during 2005-11.

All About eFiling on LLP

June 24, 2012 4648 Views 0 comment Print

In order to carry out e-filing on LLP you have facility to download the eform and fill it in an offline mode. Every form has the facility to pre-fill the data available in LLP system. Once the e-form is filled you would need to validate the e-form using Pre-scrutiny button. You would then have to affix the relevant digital signatures and save the form. You would need to be connected to the internet to carry out the pre-fill and pre-scrutiny functions.

If proper source of capital & share premium not shown than addition can be made u/s. 68

June 24, 2012 1598 Views 0 comment Print

In the present case, the assessee can be said to have discharged its onus under section 68 of the Act in proving the genuineness of the share capital in respect of the impugned 22 shareholders in the light of proposition laid down by the Supreme Court and Delhi High Court in the cases cited above. The appellant has given all the necessary details in order to establish the identity of the aforementioned share applicants. It is also observed that all the share applicants are corporate assessees, incorporated under Indian Companies Act.

ITAT confirms disallowance u/s. 14A computed under rule 8D despite no interest payment

June 24, 2012 723 Views 0 comment Print

During the year under consideration the appellant received dividend income on surplus funds invested with various mutual funds through Citibank who acted as investment adviser with no cost to the appellant company. The dividends were directly credited to the bank account of the appellant electronically by ECS. No interest was paid by the appellant during the year. As such, the appellant did not incur any expenditure on earning dividend income and section 14A and the I.T. Act, 1961 did not apply.

Sec. 54F – House owned by wife not to be considered

June 23, 2012 4846 Views 0 comment Print

In the instant case, the claim of the CIT is that the assessee is the owner of house properties situated at Trichy and Bangalroe and therefore, the said decision is not squarely applicable to the facts of the case. In our considered view, if the house properties situated at Trichy and Bangalore are owned by the assessee’s wife then the same cannot be considered as owned by the assessee for disallowing exemption u/s 54F of the Act.

Gift without love and affection between donor & donee not genuine

June 23, 2012 2804 Views 0 comment Print

Without any motive it is quite unnatural that any individual would extend the monetary benefit to any person in this day to day world. The Hon’ble Delhi High Court in the case of Rajeev Tandon v. ACIT (supra) has observed that in such circumstances the taxation authorities were entitled to look into the surrounding circumstances.

Finance Act 2012 related to Excise, Custom, Service Tax

June 23, 2012 17550 Views 0 comment Print

The following Act of Parliament received the assent of the President on the 28th May, 2012 and is hereby published for general information. In the Customs Act, 1962 (hereinafter referred to as the Customs Act), in section 2, in clause (10), after the words “to be a customs airport”, the words, brackets and letters “and includes a place appointed under clause (aa) of that section to be an air freight station” shall be inserted. (52 of 1962.)

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