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Archive: 2012

Posts in 2012

MICR & IFSC Code on Passbook /Bank Statement mandatory

April 20, 2012 4477 Views 0 comment Print

As you are aware, the MICR code is necessary for all Electronic Clearing Service (ECS – Credit and Debit) transactions. Similarly, the IFSC code is a pre-requisite for NEFT and RTGS transactions. Currently, the MICR code is available on the cheque leaf along with the IFSC code of the branch. On a review it has been decided that this information should also be made available in the passbook / statement of account of the account holders.

Automatic Due Date Reminder for F.Y. 2012-13

April 20, 2012 39233 Views 0 comment Print

Automatic Due Date Reminder Calender for Financial Year 2012-13-This Calender contains due dates of all the statutory and other Reports to be presented to Management and Banks.

Operation of Rule 8D only from 2008-09 onwards

April 20, 2012 918 Views 0 comment Print

The matter came up in appeal before ITAT in the assessee’s own case and other cases in ITAs No. 453,454,456/M/2010 & 458 & 455/M/2010. During the continuance of these appeals, Hon’ble Bombay High Court came up with the decision in Godrej & Boyce Manufacturing Co. Ltd. V/s DCIT, reported in 328 ITR 81 (Bom), wherein the Hon’ble Bombay High Court held that the operation of Rule 8D shall only be from 2008-09 onwards, and not being retrospective.

S. 90(2) applies to the extent beneficial to assessee

April 20, 2012 8004 Views 0 comment Print

Coming to the issue as to whether the AADT with Malasia would disentitle the deduction we agree with the submissions of the assessee that the whole world income is taxable in the hands of the assessee under the provisions of the Act and when it is done so, section 90(2) mandates that the provisions of this Act shall apply to the extent they are more beneficial to the assessee.

Fresh ECB can be raised at a higher all-in-cost under approval route

April 20, 2012 1153 Views 0 comment Print

Borrowers desirous of refinancing/rescheduling an existing ECB can raise fresh ECB at a higher all-in-cost under the approval route subject to the condition that the enhanced all-in-cost does not exceed the all-in-cost ceiling prescribed as per the extant guidelines.

MVAT Notification under Scedule entry C-75A- Poultry equipments

April 20, 2012 1243 Views 0 comment Print

The Rules for the interpretation of the provisions of the Central Excise Tariff Act 1985 road with the Explanatory Notes as updated from time to time published by the Customs Co- operation Council Brussels shall apply for the interpretation of this notification.

MVAT Notification for ECS of Refund and Mandate form to be submitted by Dealer

April 20, 2012 7464 Views 0 comment Print

In pursuance of the powers conferred by clause (b) of rule 45A of the Maharashtra Value Added Tax Rules, 2005, the Government of Maharashtra, hereby specify that, with effect from the 1st May 2012, the refund, if any, due under the Maharashtra Value Added Tax Act, 2002, to the registered dealer or Diplomatic Authority or International Body or Organisation, having hank account in Electronic Clearing Services enabled bank and who submits his mandate in Annexure A of this Notification to the Commissioner of Sales Tax, shall be credited to his bank account by way of the Electronic Clearing Services of the Reserve Bank of India.

Assessee can choose between treaty rate & 115A

April 19, 2012 14716 Views 0 comment Print

Section 115A; vs DTAA rate; Assessee can choose between treaty rate and 115A for different agreements before and after 1.6.2005. Assessee has not invoked or applied the provisions of the Treaty selectively. The assessee has computed the tax on royalty income arising from two different contracts falling under two different limbs of section 115A(1)(b) at two rates

Section 50B Slump Sale Need Not be a Sale

April 19, 2012 17333 Views 3 comments Print

The term ‘slump sale’ has been defined to mean a transfer of a business undertaking or a business for a lumpsum consideration with all its assets and liabilities, without values being assigned to individual assets/liabilities. The said term has no other significance and we should not read into and understand that the word ‘sale’, used in the term ‘slump sale’, as a cause/reason to give a restrictive meaning to slump sale, i.e. it can only apply to sales in a narrow sense and not to transfers under Section 2(47).

3rd Member opinion binding on Account member

April 19, 2012 2603 Views 0 comment Print

On a difference of opinion among the two Members of the Tribunal, the ld.Third Member was called upon to answer two questions on which there was difference of opinion among the two members who framed the questions and the ld.Third Member in a well considered order, answered the reference by giving sound and valid reasons agreeing with the views of the ld. Judicial Member. Thus, the majority view was in favour of the assessee.

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