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Archive: 2012

Posts in 2012

Development authority established with profit motive not entitled for registration u/s. 12A

June 14, 2012 1485 Views 0 comment Print

Jammu Development Authority is an Authority established with the motive of profit constituted under the Jammu & Kashmir Development Act, 1970 and that the activities of such Authority are hit by section 2(15) of the Act read with first and second proviso and are not in line with the objects of the Authority/Trust so far as the activities relating to purchase and sale of properties, as mentioned hereinabove. Hence, the activities are not genuine to the extent, mentioned hereinabove and the Ld. CIT, Jammu, has rightly being satisfied held that the Jammu Development Authority is not entitled to registration and accordingly cancelled the registration so granted.

General Anti-Abuse Rule (GAAR) Consultation document (UK)

June 14, 2012 1378 Views 0 comment Print

This Government has made a firm commitment to tackling tax avoidance. As part of our new approach to tax policy-making, we set out proposals to take a more strategic approach to the risk of avoidance by building in sustainable defences against avoidance opportunities. Through collaborative consultation and well-designed legislation, our aim is to prevent avoidance at the outset, reducing the need for counteraction.

Renting of Immovable Property Service – developments and Issues

June 14, 2012 7552 Views 0 comment Print

Renting of Immovable property service is one among the services which has huge implication as to the coverage of number of assessees and the quantum of revenue collection. The levy came in to effect from 01-06-2007. Since renting is not a service in common parlance coupled with power to levy taxes on immovable properties is under state list, this levy created lot of ambiguity and required extensive judicial examination. All these have left behind the landlords and tenants under a puzzled situation as to compliance of the same. Therefore this article aims at giving an insight as to the development of the judicial decisions and the statutory amendments and the possible measures to be taken to obtain relief and to avoid litigation.

From 1st July 2012 PTRC holder to pay Profession Tax electronically

June 14, 2012 8035 Views 0 comment Print

Government of Maharashtra hereby specify that, with effect from the 1st July 2012, every employer holding Profession Tax Registration Certificate shall pay tax, interest, penalty or any amount due and payable by or under the said Act, electronically in the manner as specified in the said rule 45A.

Interest Income of NBFC Company from Bank Deposits is Business Income

June 14, 2012 4227 Views 0 comment Print

Assessing Officer noticed that the assessee claimed set off of brought forward business loss against income of Rs. 24,94,407/- for the year under consideration. On perusal of profit and loss account , it was revealed that the assessee earned interest income amounting to Rs. 91,26,226/- from the deposits in the banks and thus, wrongly claimed set off of brought forward business loss against such interest income .

Auditor’s Reporting Responsibilities under clause 4(ix)(a) of CARO, 2003

June 14, 2012 4935 Views 0 comment Print

Statutory Auditor’s Reporting Responsibilities in Respect of Depositing of Cess Pursuant to Clause 4(ix)(a) of the Companies (Auditor’s Report) Order, 2003and Section 227(3)(g) of the Companies Act, 1956. The Council of the Institute has decided to modify the auditor’s reporting responsibilities in respect of the cess payable by a company under section 441A of the Companies Act, 1956. Pursuant to this decision, paragraph 63(g) of the Statement on Companies (Auditor’s Report) Order, 2003 stands amended as follows:

Election of President of India – Procedure & Schedule

June 14, 2012 1411 Views 0 comment Print

The term of office of Smt. Pratibha Devisingh Patil, President of India, ends on 24th July, 2012. An election to fill the vacancy caused by the expiration of the term of office of the outgoing President shall need to be completed before the expiration of her term. The law provides that the notification for election shall be issued on, or as soon as conveniently may be after, the sixtieth day before the expiry of term of office of the out going President.

Regarding Procedure followed for import of Indian vessels and filing of Import General Manifest, Bill of Entry

June 13, 2012 11296 Views 0 comment Print

Circular No. 16 /2012-Customs I am directed to invite your attention to the Board’s instruction issued vide F.No.450/79/2010-Cus.IV dated 23.09.2010 which state that the requirement for filing Import General Manifest (IGM) and Bill of Entry should be complied with even in cases, where goods are exempt from payment of any duty. The jurisdictional Commissioners were also instructed to review the situation, and take appropriate action for past cases, including adjudication, if warranted, in case of non-fulfillment of aforesaid filing of documents.

IRDA Guidelines for Pension Products – Clarification

June 13, 2012 4899 Views 0 comment Print

The IRDA had issued guidelines for pension products vide references 1st and 2nd cited. Insurance companies have expressed certain concerns on the provisions in the cited Circulars and have also sought certain clarifications. In view of the above, the following clarifications are issued:

Transfer and posting in the grade of DCIT/ACIT – Order No. 118/2012

June 13, 2012 861 Views 0 comment Print

Vide Order No. 118 of 2012 dated 12th June, 2012, the CBDT has transferred and posted several officers in the grade pf Deputy & Assistant Commissioners of Income-tax with immediate effect

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