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Archive: 2012

Posts in 2012

Loss from windmill business can be set off against other heads of income

February 9, 2012 3377 Views 0 comment Print

DCIT Vs. M/s. Bellad & Co. (ITAT Bangalore) – The assessee is a partnership firm dealing in automobiles and Sony products and also into generation of electricity from windmills. The assessee filed its return of income for AY 2007-08 declaring income of Rs.11,52,410/- after setting off of depreciation loss pertaining to windmill installed during the financial year relevant to assessment year under appeal. The AO, in the assessment completed, disallowed loss of Rs. 1,22,30,626/-.

Bank Guarantee Commission not liable to TDS U/s. 194H as it is is not a transaction between principal and agent

February 9, 2012 16382 Views 0 comment Print

Kotak Securities Limited vs. DCIT (ITAT Mumbai) – When we look at the connotations of expression ‘commission or brokerage’ in its cognate sense, as in the light of the principle of noscitur a sociis as we are obliged to, in our considered view, scope of expression ‘commission’, for this purpose, will be confined to ‘an allowance, recompense or reward made to agents, factors and brokers and others for effecting sales and carrying out business transactions’ and shall not extend to the payments, such as ‘bank guarantee commission’, which are in the nature of fees for services rendered or product offered by the recipient of such payments on principal to principal basis.

2G case – CBi accuses CA Nilesh Doshi of resiling from statement

February 9, 2012 1876 Views 0 comment Print

A prosecution witness in 2G spectrum case was today accused by CBI in a Delhi court of resiling from his statement to save the three Reliance ADA Group officials who are facing trial in the case. Nilesh Doshi, a chartered accountant, was accused by CBI of making a “false statement” as a witness in the court to save the company’s top executives Gautam Doshi, Surendra Pipara and Hari Nair who have been chargesheeted for criminal conspiracy and other penal offences in the 2G scam.

Once tax has not been deducted and even if such tax has been paid by the deductee, disallowance u/s.40[a][ia] can still be made.

February 8, 2012 4078 Views 0 comment Print

ACIT vs. DICGC Ltd (ITAT Mumbai) – Sec.201 deals with the mode of recovery of taxes and once tax due has already been paid then the same demand cannot be enforced again. However, sec.40[a][ia] deals with the disallowance of expenditure itself. Therefore, merely by invoking the Heydon’s principle the statutory provisions cannot be rendered redundant. Therefore, we are of the opinion that once tax has not been deducted and even if such tax has been paid by the deductee, disallowance u/s.40[a][ia] can still be made.

For section115JA/JB Deduction U/s. 80HHC to be computed with reference to the net profits in the profit and loss account – SC

February 8, 2012 1325 Views 0 comment Print

Learn about the Supreme Court’s decision in Al-Kabeer Exports Ltd Vs. CIT, reversing the High Court’s ruling and affirming the Tribunal’s special bench decision.

Book Rail Tickets 120 day in advance w.e.f. March 10, 2012

February 8, 2012 1574 Views 0 comment Print

The Ministry of Railways has decided to increase the advance reservation period for booking reserved train tickets from existing 90 days to 120 days on experimental basis (excluding the date of journey) w.e.f. March 10, 2012.

Form-16 FY 2011-2012 excel utility for upto 100 employees

February 8, 2012 10181 Views 0 comment Print

Master Form-16 New FY 11-12 for Up to 100 Employees. Download File to Prepare Form 16 of upto 25 Employees with Indian Rupee Font.

CBEC Achieves Nearly 80.74% of Budget Estimate Up-to January, 2012 in the Current Fiscal

February 8, 2012 1743 Views 0 comment Print

The Central Board of Excise and Customs (CBEC) has been able to achieve nearly 80.74% of Budget Estimate up-to the month of January, 2012 in the current fiscal year. At the present rate of growth, CBEC should be able to achieve the target of Rs.3,92,908 Crores.

Direct Tax Collection During April-January of the Current Fiscal up by 14.57 Percent

February 8, 2012 504 Views 0 comment Print

Gross direct tax collection during April-January of the current fiscal was up by 14.57 percent at Rs.4,25,274 crore as against Rs.3,71,188 crore in the same period last fiscal. While gross collection of corporate taxes was up 11.87 percent (Rs.2,85,837 crore against Rs.2,55,514 crore last year), gross collection of personal income tax was up by 20.43 percent (Rs.1,38,730 crore against Rs.1,15,192 crore last year). Net direct tax collections stood at Rs.3,46,959 crore, up from Rs.3,17,500 crore in the same period last fiscal, registering a growth of 9.28 percent.

Sebi to give MCA list of over 500 cos who violated Collective Investment Scheme (CIS) rules

February 8, 2012 882 Views 0 comment Print

Market regulator Sebi has decided to share with the Ministry of Corporate Affairs the names of over 500 companies, which have garnered money from investors in violation of its Collective Investment Scheme (CIS) rules. Sebi would also give the names of the directors of such entities to the MCA, so that necessary actions can be taken to prevent these companies and persons from being associated with any new company, a senior official said.

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