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Archive: 2012

Posts in 2012

S. 80-IB – Deduction allowed for manufacturing not for processing

April 26, 2012 5757 Views 0 comment Print

One has to examine the stages through which the mash feed is converted into pellet feed. In deciding the issue whether there had been any manufacture of pellet feed. It was to be held that there had been only processing while the production of pellet feed was done by following various stages, namely, (i) batch weighing, (ii) grinding, (iii) mixing, (iv) conditioning with steam, (v) pelleting, (vi) cooling, (vii) crumbling and, finally (viii) packing. The difference between the pellet feed and mash feed, is difference in the quality of the feed and did not throw any light on the manufacture and is of no significance while discussing whether there is manufacture for the purpose of claiming deduction under section 80-IB.

Whether section 127(2) transfer order is invalid for want of reasons referred to Full Bench

April 26, 2012 5792 Views 0 comment Print

Whether the decision of the three-judge-bench of the Supreme Court in the case of Ajantha Industries reported in [1976] 102 ITR 281 so far as it lays down the law that the requirement of recording reasons under section 127(1) of the Income tax Act is a mandatory direction under the law and non-communication thereof is not saved by showing that the reasons exist in the file although not communicated to the assessee is still a good law in view of the subsequent decisions of the Supreme Court in the cases of Managing Director, ECIL v. B. Karunakar, AIR 1994 SC 1074, and State Bank of Patiala v. S. K. Sharma, AIR 1996 SC 1669 as held by a Division Bench of this court in the case of Arti Ship Breaking vs. Director of Income Tax (Investigation) and others reported in (2000) 244 ITR 333.

Section 10A / 10B deduction allowable without set off of losses of non-eligible units

April 26, 2012 1318 Views 0 comment Print

Section 10A is a provision which is in the nature of a deduction and not an exemption. This was emphasised in a judgment of a Division Bench of this Court while construing the provisions of Section 10B in Hindustan Unilever Ltd Vs. Deputy Commissioner of Income Tax 2. (2010) 325 ITR 102 at para 24.

Till 6-7-2009 refund would be governed by conditions under the Notification No. 41/2007, dated 6-10-2007

April 26, 2012 1065 Views 0 comment Print

In respect of exports made from 14-5-2009 till 6-7-2009, the grant of the refund would be governed by the conditions under the previous Notification No. 41/2007, dated 6-10-2007. For the remaining period, refund would be governed by the new Notification No. 17/2009, dated 7-7-2009. The conditions prescribed in the two notifications are somewhat different. The precedent notification in force till 6-7-2009 had a condition that the storage and warehouse is exclusively used for the purpose of storage or warehouse of the export goods. However, there is no such condition in the successor notification applicable from 7-7-2009.

Related Party Transactions & Legal Provisions

April 26, 2012 217275 Views 28 comments Print

In this article an attempt has been made to make a analysis of provisions under different laws relating to Related Party Transactions. An awareness of various provisions is very much required so as to take adequate care while entering into related party transaction and disclosing the same in the Financial Statements.

Ordinary profits’ referred to in Section 80IA is different from ‘ALP’

April 26, 2012 1263 Views 0 comment Print

The Tribunal placed reliance on the Chennai Tribunal ruling in the case of Tweezerman (India) Private Limited v. Addl. CIT, [2010] 4 ITR (Trib.) 130 (Chennai) which ruled that provisions of Section 80-IA(10) of the Act do not give an arbitrary power to the AO to determine the profits of the taxpayer. It is incumbent on the AO to show how ordinary profits were computed based on similar comparable case. The phrase ‘more than ordinary profits’ referred in Section 80-IA(10) of the Act is different from ‘ALP’.

Common return for ER-1, ER-3 & ST-3, Change in ST Return Periodicity – Govt invites suggestion

April 26, 2012 11405 Views 0 comment Print

A draft circular containing details of proposed amendments to harmonize the ER-1, ER-3 and ST-3 returns so that a single common return can be prescribed instead of these three returns as measure of simplification of the Business Processes in respect of filing the Return by assesses. The draft is being placed in public domain for widest possible circulation and an extensive debate from all stakeholders in trade and industry as also from all the field formations of the department.

Direct & Indirect Tax Updates for CS June 2012 Examination

April 26, 2012 1868 Views 0 comment Print

APPLICABLE FOR icsi JUNE 2012 EXAMINATION FOR EXECUTIVE & PROFESSIONAL PROGRAMME . • Tax Rates • Definition of Charitable Purpose [Section 2(15)] • Exemptions under section 10 • Weighted deductions under section 35 • Deduction under section36 for Employers contribution towards Pension scheme is allowed • Deduction under Chapter VI-A • Rationalisation of provisions relating

Excel Tips – Square root and cube root in Microsoft Excel

April 26, 2012 3155 Views 0 comment Print

Getting a root of a number is the same as raising that number to the power of 1/root. Example: The square root of x is x^(1/2). The square root of A1 is: =A1^(1/2). You can also use the built-in worksheet function SQRT: =SQRT(A1)

Rate of exchange of conversion of each of the foreign currency wef 1st May, 2012

April 26, 2012 3122 Views 0 comment Print

Notification No.38/2012- Customs (N.T.) Central Board of Excise and Customs hereby determines that the rate of exchange of conversion of each of the foreign currency specified in column (2) of each of Schedule I and Schedule II annexed hereto into Indian currency or vice versa shall, with effect from 1st May, 2012 be the rate mentioned against it in the corresponding entry in column (3) thereof, for the purpose of the said section, relating to imported and export goods.

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