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Archive: 2012

Posts in 2012

ITAT treats appeal filed by revenue as unadmitted/dismissed for non persecution

March 25, 2012 2312 Views 0 comment Print

In the case of Commissioner of Income-tax vs. Multiplan India (P) Ltd.; 38 ITD 320 (Del), the appeal filed by the revenue before the Tribunal, which was fixed for hearing. But on the date of hearing nobody represented the revenue/appellant nor any communication for adjournment was received. There was no communication or information as to why the revenue chose to remain absent on that date.

Payment of interest in addition to price is nothing but an integral process of acquisition of shares

March 25, 2012 1162 Views 0 comment Print

Assessing Officer has observed that according to AIR Information, assessee has received a sum of Rs.41,73,321 on account of interest other than securities from Swedish Match Singapore Pte Limited. He issued a show-cause notice to the assessee inviting his explanation as to why the alleged interest income be not assessed as income of the assessee.

DRP Revised Constitution w.e.f. 21.03.2012

March 25, 2012 1315 Views 0 comment Print

In partial modification of Order No. 1/FT&TR/2012 and in exercise of powers conferred under section 144C of the income Tax Act, 1961, the Board hereby constitutes the Dispute Resolution Panel (DRP) comprising of three Commissioners of Income Tax/Directors of Income Tax as Members of DRPS at Mumbai-1, Chennai and Bangalore, who shall perform such duties in addition to their regular duties with immediate effect and until further order:

CBDT’s List Of Potential Promotees to Post of Assistant CITs

March 25, 2012 669 Views 0 comment Print

The CBDT has vide letter dated 23.03.2012 released a list of Income-tax Officers who are in the consideration zone for promotion to the grade of Assistant Commissioner of Income-tax.

CBDT Sets Up ‘Advisory Group for International Taxation and Transfer Pricing’

March 25, 2012 1255 Views 0 comment Print

In order to reduce tax litigation and bring tax certainty in the area of international taxation and transfer pricing, an ‘Advisory Group for International Taxation and Transfer Pricing’ has been set up comprising of following members: i. Revenue Secretary to the Government of India-Head of the Advisory Group ii. Chairman, Central Board of Direct Taxes, Department of Revenue-Member iii. Director General of Income-tax (International Taxation), New Delhi, Member

Interest rate on GPF Increased to 8.6 % wef 01.12.2011

March 24, 2012 1378 Views 0 comment Print

It is announced for general information that during the year 2011-2012, accumulations at the credit of subscribers to the General Provident Fund and other similar funds shall carry interest at the rate of 8% (Eight per cent) for the period from 1.4.2011 to 30.11.2011 and 8.6% (eight point six percent) with effect from 1.12.2011. The funds concerned are:—

Section 144C of the Income-tax Act, 1961 – Dispute Resolution Panel – Reference to – Constitution of DRP at specified places – Modification of Order No. 1/FT&TR/2012, dated 21-1-2012

March 24, 2012 1321 Views 0 comment Print

Order No.2/FT&TR/2012 [F. No. 500/15/2011 -FTD-I], dated 21-3-2012 In partial modification of Order No. 1/FT&TR/2012 and in exercise of powers conferred under section 144C of the Income Tax Act, 1961, the Board hereby constitutes the Dispute Resolution Panel (DRP) comprising of three Commissioners of Income Tax/Directors of Income Tax as Members of DRPs at Mumbai-I, Chennai and Bangalore, who shall perform such duties in addition to their regular duties with immediate effect and until further order:

1% Excise Duty on Articles of Jewellery – Budget-2012

March 24, 2012 14457 Views 0 comment Print

The scheme of levy of excise duty on precious metal jewellery was introduced in the Budget 2011 vide notification No. 1/2011. Under the this scheme excise duty of 1% ad valorem was applicable to precious metal jewellery manufactured or sold under a brand name. The levy would now apply to both branded and unbranded goods (except silver jewellery) at the same rate of duty of 1%. ad valorem.

Caretaker, servants cannot claim ownership of property – SC

March 24, 2012 18130 Views 0 comment Print

SC held that No one acquires title to the property if he or she was allowed to stay in the premises gratuitously. Even by long possession of years or decades such person would not acquire any right or interest in the said property. it further held that Caretaker, watchman or servant can never acquire interest in the property irrespective of his long possession. The caretaker or servant has to give (up) possession (of the property) forthwith on demand. Apex Court also laid fresh guidelines that caretakers, watchman or servants do not acquire any title to a property merely because of its possession by them for several years.

Expert Opinion should be given due importance – Beneficial notification should be given liberal interpretation

March 24, 2012 1831 Views 0 comment Print

It is settled law that the notification has to be read as a whole. If any of the conditions laid down in the notification is not fulfilled, the party is not entitled to the benefit of that notification. The rule regarding exemptions is that exemptions should generally be strictly interpreted but beneficial exemptions having their purpose as encouragement or promotion of certain activities should be liberally interpreted.

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