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Archive: 2012

Posts in 2012

Cenvat claim cannot be denied on goods destroyed in fire merely because Insurance company paid for that inclusive of excise duty

February 4, 2012 10818 Views 0 comment Print

CCE Vs. Tata Advanced Materials Ltd. (Karnataka HC)- Merely because the Insurance Company paid the assessee the value of goods including the excise duty paid, that would not render the availment of the cenvat credit wrong or irregular. At the same time, it does not confer any right on the Excise Department to demand reversal of credit or default to pay the said amount.

MVAT Notification – Submission of Annexures by dealers not required to file audit report in form 704

February 4, 2012 8715 Views 0 comment Print

Newly registered dealer shall submit the requisite annexures along with the last return for the said year i.e. alongwith the return for the period in which 31st March of that year occur. Whereas, the dealer whose business is discontinued, disposed off or transferred shall alongwith his last monthly, quarterly or six-monthly return submit the requisite annexures.

Need for more research in investor education- SEBI Chairman

February 4, 2012 1029 Views 0 comment Print

Inaugurating the Conference, Mr. U K Sinha, Chairman, SEBI called for more research in the field of investor education. He also said that the various financial regulators in India and the Government of India are working together in the formulation of a National Policy on Financial Education.

SC Sympathy in bounced cheque case

February 4, 2012 1339 Views 0 comment Print

B. Chandramathi Vs. N. Prakash (SC)- Appellant is about 51 years of age. She is a poor widow who is eking out a living for herself and her family by making jowar rotis and selling them. She is the only earning member of her family. She has two children to look after. It appears that the appellant is unwell. She is stated to have suffered from depression. As of today, the appellant has undergone the sentence for a period of about 2 months before she was released on bail.

Power Delegation Under Section 64 of MVAT Act 2002 – DC (A and R)/VAT/PWR(INV)/2006/3/Adm-6 Dated 04/02/2012

February 4, 2012 8539 Views 0 comment Print

In exercise of the powers conferred by sub-section (6) of section 10 of the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005) and in supersession of the order No. DC (A & R)/ VAT/PWR(INV)/2006/3/Adm-6 dated 9th August 2011, the Commissioner of Sales Tax, Maharashtra State, Mumbai, is hereby pleased to delegate the powers and duties under sub-sections (3) and (4) of section 64 of the Maharashtra Value Added Tax Act, 2002 and rule 69 of the Maharashtra Value Added Tax Rules, 2005, to the following authorities specified in column (2), holding the posts specified in column (3) of the Schedule appended to this order for the period during which such authority continue to hold such post :—

TDS credit to be allowed if difference with AS-26 do not exceed Rs. One lakh

February 4, 2012 14033 Views 0 comment Print

Instruction No. 01/2012 The issue of processing of returns for the Asst. Year 2011-12 and giving credit for TDS has been considered by the Board. In order to clear backlog of returns, the following decisions have been taken: (i) In all returns (ITR-1 to ITR-6), where the difference between the TDS claim and matching TDS amount reported in AS-26 data does not exceed Rs. One lac, the TDS claim may be accepted without verification.

Things you should know about the ETDS-ETCS

February 4, 2012 12254 Views 3 comments Print

What is quarterly e-TDS/TCS statement? Who is required to file e-TDS/TCS return? Are the forms used for e-TDS/TCS return same as for physical returns? What are the forms to be used for filing annual/quarterly TDS/TCS returns? Is it mandatory to mention Tax Deduction Account Number (TAN) in e-TDS/TCS return? Can I file Form No. 26Q separately for contractors, professionals, interest etc.?

If business was set up during the year Assessee entitled to benefit of carry forward of business loss and depreciation

February 4, 2012 1919 Views 0 comment Print

ITO Vs. Berger Imp ex India (ITAT Delhi)- CIT (A) after considering all these submissions has observed that the assessee had started efforts and other activities for its trade though there is no purchase and sale during the initial period. The assessee had given employment to seven persons for marketing activities and has set up infrastructure for running the business at Chennai. The shop rent, electricity bill and telephone bills have been paid and on these facts it cannot be denied that the assessee had commenced the business. In the trade activity there is no preoperative period as the same is required in manufacturing activity and, thus, he has held that the assessee is entitled to have the benefit of carry forward of business loss and depreciation and directed the Assessing Officer to allow the loss claimed by the assessee.

FM asked to retain tax rates at existing levels and to increase exemption limits

February 4, 2012 1552 Views 0 comment Print

Worried over the impact of global financial turmoil on the economy, India Inc today asked the finance ministry to retain tax rates at existing levels, but increase exemption limits to promote growth. In their customary pre-Budget meeting with finance minister Pranab Mukherjee, industry leaders also demanded that healthcare services should be kept outside the ambit of service tax and minimum alternate tax (MAT) be rationalised.

Income tax Calculators from A.Y. 2001-2002 to A.Y. 2012-2013

February 3, 2012 162959 Views 7 comments Print

We are uploading herewith Income tax calculators from A.Y. 2001-2002 to A.Y. 2012-13 prepared by Mr. Nithyanand a Software Professional working in Bangalore.

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