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Archive: 2012

Posts in 2012

Section 206AA not applicable to persons having income below taxable limits

June 20, 2012 6453 Views 0 comment Print

In a writ petition filed by small investors, Karnataka High Court Held that provisions of Section 206AA of the Income Tax Act are contrary to provisions of Section 139A of the Act. Accordingly, provision of Section 206AA were made inapplicable to persons and was read down from the Act only for those persons whose income was less than the taxable limits. However, the High Court made it very clear that the provisions of the Section 206AA are applicable to the persons whose income is more than the taxable limits.

Deemed Sale V/S Declared Service – Controversy C/F to Negative List

June 20, 2012 4483 Views 0 comment Print

Deemed sale – it is a critical aspect of the Sales Tax law and it is going to have direct impact on the upcoming Negative list scheme. The new definition of service as defined in context of negative list excludes the deemed sale. In other words, service tax is not to be levied on the deemed sale. However, simultaneously, the concept of declared services is also brought into the service tax law where certain services are declared to be services for the purpose of levy of service tax. Some of these declared services are part of transactions which include the deemed sale; thus, there are certain transactions which will be subject to both sales tax as well as service tax. This bit of diction is about those transactions which will suffer dual taxes – sales tax as well as service tax.

Service tax under Reverse Mechanism & SSI Exemption Benefit

June 20, 2012 3815 Views 0 comment Print

With effect from 01-07-2012 section 66B of Chapter V of Finance Act, 1994 shall govern the CHARGE of service tax . Accordingly there shall be levied a service at the rate of 12% on the value of all services, other than those services specified in the negative list, provided or agreed to be provided in the taxable territory by one person to another and collected in such manner as may be prescribed.

Investigations carried out by SEBI during last three years

June 20, 2012 705 Views 0 comment Print

Attention of SEBI has been drawn to news items appearing in a section of press wherein certain comments have been made about the pace of investigations completed during the year 2011-12. From the news items, it is noted that the data of entire years in the past has been compared with a part of the year 2011-12 and distorted inferences have been drawn. The correct position for the last three years is as under:-

DGFT – Appendix 37A, 37C & 37D come into effect on 5th June, 2012

June 20, 2012 2692 Views 0 comment Print

In exercise of powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-2014, the Director General of Foreign Trade hereby notifies the Handbook of Procedures- Volume I (Appendices and Aayat Niryat Forms). This shall come into force with immediate effect, except Appendix 37A, 37C and 37D which will be deemed to have come into effect on 5th June, 2012.

Small ticket – Overseas Direct Investment

June 20, 2012 1649 Views 0 comment Print

Following is brief of the procedure under Automatic Route of ODI: 1. Submit form ODI along with the required documents 2. Conditions to be followed are under automatic route; a. Investee shall ensure that investment does not exceed 400% of the net-worth (capital plus reserves) of the investee (as on late audited balance sheet date)

Disallowance u/s. 40A(3) for consolidated entry of cash payment in excess of Rs. 20000/- at year end?

June 20, 2012 17758 Views 1 comment Print

A.O. In his assessment order has stated that the impounded disc. containing the books of accounts under JR-I & JR-2 from where the cash payments on 31.03.2008 were found, were not manually entered as apparent from the printout. The entries were computerized, not manual. Furthermore, as stated in the submissions dated 24.12.2010, it is not tenable as during the survey, no corroborative evidence and documents were found in support of assessee’s claim from business premises

Time Limits under Punjab Value Added Tax Act, 2005

June 20, 2012 6167 Views 0 comment Print

Various time limits under Punjab VAT Act, 2005 for example time for filing returns, applying registration, payment of taxes etc. Particulars Rule/ Section Time Application for registration in Form VAT-1 S21, 22, R3,4,5 Within 30 days when such person liable to pay tax Issue of the Registration Certificate R5(1), S21 Within 30 days of application […]

Fee payable Under Punjab Value Added Tax Act, 2005

June 20, 2012 1476 Views 0 comment Print

Herebelow is the chart showing various fee payable under Punjab VAT Act, 2005 along with the relevant sections and rules of Punjab VAT Act and Punjab VAT Rules, 2005. Particulars Section Rule Fee Amount (Rs.) VAT or TOT Registration 21,22 3 2000 Issue of duplicate Registration Certificate 21,22 6 100 Cancellation of Registration Certificate 24 […]

Interest for delayed payment of tax under Punjab VAT Act, 2005

June 20, 2012 17488 Views 0 comment Print

Herebelow is the chart showing simple interest leviable on the amount of tax in case of delayed payment of tax under Punjab VAT Act, 2005 under section 32 and section 27(7).It should be noted that such simple interest is not a penal interest and is payable without any requirement of show cause notice and has to be paid along with the delayed payment of tax.

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