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Archive: January, 2013

Posts in January, 2013

Post Office Savings Account (Amendment) Rules, 2012 – Amendment in Rule 4A

January 13, 2013 1743 Views 0 comment Print

These rules may be called the Post Office Savings Account (Amendment) Rules, 2012. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In Post Office Savings Account Rules, 1981, in rule 4A, in the Table, —

In absence of declaration by assessee that it does not intend to honour its liabilities, provisions of S. 41(1) cannot be invoked

January 13, 2013 1185 Views 0 comment Print

In the present case, there is no unilateral act of the assessee of making any entry in respect of the trading liabilities in its books of account. Therefore, a sine qua non for attracting section 41 in the present case, is that the assessee should have obtained a benefit by way of remission or cessation of a particular amount in the previous year corresponding to the assessment year in question.

S. 80JJA Deduction available on Income from manufacturing fuel briquettes from bagasse

January 13, 2013 32141 Views 0 comment Print

It is a undisputed finding of fact that the collected bagasse has been used by the assessee to make briquettes for fuel as that indeed is the business of the assessee. The reliance upon the circular No.772, dated 23-12-1998 by the revenue is misplaced. The aforesaid Circular does not restrict its benefits only to local bodies.

Client Referral income earned from banks & insurance co. is ‘Business Auxiliary Services’

January 13, 2013 3067 Views 0 comment Print

Assessee was promoter and marketer of services of banks as well as insurance company, and was auxiliary in the chain of economic activity carried on by them. Assessee had accordingly provided Business Auxiliary Service to the banks as well as insurance company.

Income earned by trust from business activities eligible for exemption if primary objects were charitable

January 13, 2013 2808 Views 0 comment Print

Even though the Tribunal had not given any finding as regards the primary purpose, yet a reading of the order of the Assessing Officer shows that he had considered the clauses in the trust deed to arrive at the finding that the primary objects of the trust are charitable in nature and that the property given was impressed with the character of trust property.

Reassessment initiated to disallow loss on hedging of metals losses is untenable if losses were allowed originally

January 13, 2013 2201 Views 0 comment Print

The petitioner has been claiming that he is dealing in hedging besides in the wholesale business of gold and silver ornaments. To insure against price fluctuations, he has been hedging in such metals in MCX. The claim of the assessee, therefore, had to be examined in terms of clause (a) to sub-section (5) to section 43 of the Act. If for some reason such claim was not sustainable,

Decision on debatable point of law or fact cannot be corrected by rectification u/s. 254(2)

January 13, 2013 2084 Views 0 comment Print

A bare look at section 254(2) of the Act, which deals with rectification, makes it amply clear that a ‘mistake apparent from the record’ is rectifiable. In order to attract the application of section 254(2), a mistake must exist and the same must be apparent from the record. The power to rectify the mistake, however, does not cover cases where a revision or review of the order is intended.

Clarifications Regarding Single Stage Taxation Under Punjab VAT act, 2005

January 13, 2013 3508 Views 0 comment Print

. Some lawyers have pointed out that some of the items notified now like tea, bread etc. were earlier taxed on the rates mentioned in Schedule –B or were tax free and covered under Schedule A. But, now after this notification, their rate seems to have been substantially increased to 14.5%.

Monetary limit u/s. 10(23C)(iiiad) applies to educational institute, not to society running them

January 12, 2013 15954 Views 0 comment Print

We find that society is running the school under the management of receiver appointed by Hon’ble High Court. For the entire years the income of the school was exempt and for the assessment year 2007-08, the assessee had obtained prior approval of CCIT, Panchkulla for exemption u/s 10(23)(vi).

Stay against CBEC’s Circular on recovery of confirmed demand during pendency of stay application

January 12, 2013 3164 Views 0 comment Print

The Central Board of Excise and Customs (CBEC) has issued its first Central Excise Circular No. 967/01/2013 – CX, dated January 01, 2013 on eve of New Year 2013, for recovery of confirmed demands during pendency of Stay applications. The Circular has rescinded seven previous circulars on the subject matter.

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