Dive into the case of Demag Cranes & Components vs. DCIT, exploring provisions of 10B(1)(e)(iii) of the Income Tax Rules and TP adjustments.
Procedure for Filing Settlement Application Settlement application is to be filed only in the prescribed Form No.34-B notified under the Income Tax Rules, 1962. The form has to be signed by the applicant himself. The Form has to be properly filled up. An incomplete Form is liable to be rejected. In order to be admitted by the Commission, full amount of tax is to be paid alongwith interest payable till the date of admission The application can be made personally or by post. The applicant or his authorized representative can make application in person. Application can also be sent by registered post addressed to the Secretary. However in case of a postal application, the date of receipt in the Commission shall be treated as date of application.
1. What is meant by Settlement in respect of tax disputes? How is it different from the appellate process? Settlement of disputes relating to Income Tax and Wealth Tax is based on the objective of dispute resolution Alternate. It is in the nature of mediation or arbitration. The Settlement orders passed by the Income Tax Settlement Commission are final and conclusive in nature.
1. Time-Limit – DTC has kept the time limit for passing final settlement orders under Section 245D(4) at 18 months, as in the IT Act, 1961, however has increased various internal time-limits as under:
The issue of transfer price affects various types of taxes. Under Custom Laws, special valuation branch examines the validity of the transaction value between associated enterprises. In Service Tax law, service tax has been imposed on import of service through reverse charge method and it is expected that Service Tax department would like to examine the value of services imported (or exported) to associated enterprises. In Income Tax, it is transfer price mechanism which takes care of this situation.
Though there are nine grounds raised by assessee there are only two issues involved in this appeal. One issue in ground no.3 is relating to confirmation of dis allowance of Rs. 25,000/- made by AO and further enhancement of dis allowance by Rs. 1,56,609/- u/s 14A of the IT Act.
Yet another not so good year 2011 has passed by. It was neither good for economy, nor for politics or for investors. While investors suffered on account of higher inflation, higher interest rates and higher petrol prices on one hand, capital markets also did not rewarded them at all.
The Foundation Programme being the entry level to the Company Secretaryship Course and gateway to the profession of Company Secretaries, the Syllabus Review Committee based on the feedback received from various stakeholders has completed the formulation of detailed contents of the Foundation Programme. We are pleased to inform you that the Council of the Institute has approved the new syllabus for the Foundation Programme.
Google, Facebook and 19 other social networking sites faced legal action for offences of promoting enmity between classes after the Government granted sanction to prosecute them. The Government today told a Delhi court there is sufficient material to proceed against the 21 social networking sites which included Yahoo and Microsoft for offences of promoting enmity between classes and causing prejudice to national integration.
The Central Bureau of Investigation has today arrested Commissioner of Central Excise, Delhi in an on-going investigation in a case registered against him; a Superintendent, Central Excise, New Delhi; a middleman and others for demanding an illegal gratification of Rs.60 Lakh from a mobile phone importer.The Superintendent of Central Excise and the middleman were earlier arrested on 02.01.2012 by CBI.
