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Archive: 2012

Posts in 2012

Capping of TP adjustments to combined group profits not possible

November 4, 2012 2455 Views 0 comment Print

Interra Information Technologies (India) Private Limited, a company incorporated under the Companies Act, 1956, is a 100% subsidiary of Interra IT Inc., a US based company. Interra IT Inc. enters into contract with customers and subcontracts a part/whole of the work to Interra India.

No addition if Assessee was not beneficiary of accommodation entry business

November 4, 2012 1590 Views 0 comment Print

It is seen from the statement of ‘M’ that the assessee’s name was not mentioned by him at all as beneficiary of the accommodation entry business carried by him. Since despite being obliquely prompted, he did not mention the assessee’s name and merely stated that he did not deal with any ship-breaker and he had given only loan after taking cash and deducting commission.

HC to decide reduction of 90 per cent of net commission received by assessee from profits of business for computation of deduction u/s. 80HHF

November 4, 2012 534 Views 0 comment Print

Whether, on the facts and circumstances of this case and in law, the Income Tax Appellate Tribunal was correct in directing the Department to reduce 90% of the net commission received by the assessee from the profits of the business for computation of deduction under Section 80HHF of the Income Tax Act, 1961?

Modified version of Service Tax Returns (ST-3)

November 3, 2012 783 Views 0 comment Print

Modified version of the Service Tax Return (ST3) for the quarter April to June 2012 is now available for uploading to ACES .It is available in ‘DOWNLOADS’ section in offline version only and not online version. In view of the implementation of the Negative List concept in Service Tax with effect from 1st July, 2012

Interest u/s. 234B and u/s. 234C can be computed only up to the date of regular assessment and not up to the date on which rectification order under section 154 came to be passed

November 2, 2012 6669 Views 0 comment Print

CIT and Anr v Shetron Limited (Karnatka HC) – In the present case, the total income assessed was Rs.21,25,981/-. This income became taxable because of denial of unabsorbed investment allowance and unabsorbed depreciation allowance to the extent of 1/3rd of such amount. When such amounts came to be restricted to an extent of 2/3rd of such amount, automatically Rs.21,25,981/- would be enhanced by virtue of provision of section 34-A.

SAT held Ranbaxy Director Guilty of insider trading

November 2, 2012 3246 Views 0 comment Print

It is highly improbable to believe the statement of Mrs. Bala Kaul that she bought shares of the target company because of its intrinsic value and strong fundamentals. If that was so, it is not clear, what made her sell these shares on April 10, 2008, when Solrex was still in the process of investing more money into the scrip of the target company.

No Penalty For failure to comply with section 269SS if Reasonable cause exist

November 2, 2012 2170 Views 0 comment Print

The Tribunal has not rested its decision on the only circumstance that it is the business of the assessee to collect deposits and, therefore, it was entitled to collect them in cash even if it involves violation of Section 269SS; that is not the substratum of the decision.

HC Cannot set aside reopening of assessment without giving the reason

November 2, 2012 792 Views 0 comment Print

On going through the impugned Order of the High Court, we find that no reasons have been given by the High Court for setting aside the re-opening of assessment. In the circumstances, the impugned Order of the High Court dated 23rd December, 2011, in Writ Petition No. 1807 of 2011, is set aside and the matter is remitted to the High Court for de novo consideration in accordance with law.

Non-compete fee paid for business purpose is revenue expenditure

November 2, 2012 2697 Views 0 comment Print

It is not denied by the Revenue that U. Mohanrao was the Chairman and Managing Director of some of the companies which got merged with the assessee company. The said U. Mohanrao had access to all information starting from manufacturing process, knowhow to the clientele and the products, including the pricing of the products.

Income Tax E-filing website to remain closed from 3rd to 8th November, 2012

November 2, 2012 1279 Views 0 comment Print

The current e-filing website is being revamped to a new e-filing website with additional services. The current web services will remain closed with effect from 3rd November to 8th November, 2012. The web services will resume from 9th November, 2012. the press release is given below.

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