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Archive: 2012

Posts in 2012

Loss on sale of partly convertible debentures is short-term capital loss

November 21, 2012 2165 Views 0 comment Print

This issue in fact fell for decision before this Court in the case of CIT v. Karam Chand Thapar and Bros. Ltd. [IT Appeal No. 130 of 1998, dated 17-12-1998] wherein this Court by its judgment and order has upheld the decision of the Tribunal that the claim of loss of the assessee in the matter of sale of Part B of the PCD in the self-same rights issue is permissible as short-term capital loss.

Two agreements with same bank details is reason good enough to to make AO believe that there has been under-assessment of income

November 21, 2012 1104 Views 0 comment Print

Once there are reasons for the AO to believe, whether such reasons originate out of the record already scrutinized or otherwise, he shall be within his competence to initiate the re-assessment proceedings. The formation of belief by the AO must always be tentative and not a firm or final conclusion as the latter will negate the very object of giving an opportunity of hearing to the assessee as it will amount to post-decisional hearing.

Ajmal Kasab hanged at Pune’s Yerawada Jail

November 21, 2012 5017 Views 0 comment Print

Death Sentence of Mohammed Ajmal Mohammed Amir Kasab Executed The petition for clemency filed by condemned prisoner Mohammed Ajmal Mohammed Amir Kasab was rejected by the President on 5th November, 2012. The sentence was executed today at 7.30 a.m. at Yeravada Central Prison, Yeravada, Pune.

CESTAT Delhi to pronounce today on whether money transfer a taxable service

November 21, 2012 2373 Views 0 comment Print

Western Union Money Transfer through its main agents Paul Merchants Ltd. and Transcorp had been fighting a protracted battle in North & South Indian CESTAT. Most of the interim decisions of Bangalore CESTAT have been in favour of the sub-agents, holding that the services are not taxable, as these are not rendered in India.

Old Service tax Accounting Code Restored for 120 Services

November 21, 2012 17645 Views 0 comment Print

Circular No. 165/16/2012 -ST Service specific Accounting Codes restored; 120 services labeled with codes unlike to one code for negative list. – Negative List based comprehensive approach to taxation of services came into effect from the first day of July, 2012. Accounting code for the purpose of payment of service tax under the Negative List approach [All Taxable Services – 00441089] was prescribed vide Circular 161/12/2012, dated 6th July, 2012.

Monitoring of Unhedged Foreign Currency Exposure

November 21, 2012 3024 Views 0 comment Print

Unhedged forex exposure of corporates is a source of risk to them as well as to the financing banks and the financial system. Large unhedged forex exposures have resulted in accounts becoming NPAs in some cases. Banks were, therefore, advised in February 2012 that they should rigorously evaluate the risks arising out of unhedged foreign currency exposure of the corporates and price them in the credit risk premium while extending fund-based and non fund-based credit facilities.

Amendment in Para 8.3.1(i) of the Handbook of Procedures Vol.I, 2009-14 – claim of TED by recipient of goods

November 21, 2012 3811 Views 0 comment Print

PUBLIC NOTICE No. 31 (RE 2012)/ 2009-14 Either the recipient of the goods or the supplier of the goods can claim TED refund with appropriate disclaimer.

Section 10A(6)(ii) cannot be invoked in exemption period

November 21, 2012 1306 Views 0 comment Print

A perusal of the legislative history of the provision makes it clear that the same was incorporated in the Act with effect from 01.04.1981 by the Finance Act, 1981. Initially, it had provided tax holiday of five consecutive year beginning with the assessment year relevant to the previous year in which the concern undertaking begins manufacturing or production of the article, things or computer software.

A Simplified Approach to Service Tax under Reverse Charge

November 20, 2012 19050 Views 0 comment Print

Normally, service tax is payable by service provider by charging it in invoice raised upon the service recipient. Section 68(2) makes the person receiving the service liable to pay tax. In certain cases, liability to pay service tax has been partly shifted upon the service recipient whilst in some cases it is fully shifted.

Pay Service Tax with interest on Renting of Immovable Property by 27.11.2012 to avoid penalty

November 20, 2012 4109 Views 0 comment Print

If you have put your immovable property on rent for use in furtherance of business or commerce and annual rent amount, alone or with the amount of other taxable services, exceeds Rs. 10 lacs and further, you have any service tax amount related to such renting due since 1st June, 2007, you have an opportunity to pay such due with interest before 27th November, 2012 and department would not ask for penalty.

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