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Archive: 06 February 2013

Posts in 06 February 2013

CA PCC / IPCC Toppers &amp: Pass percentage of Nov 12 Exam

February 6, 2013 7060 Views 0 comment Print

Chartered Accountants Professional Competence Course (PCC) Examination held  in Nov, 2012 The details of percentage of candidates passed in the above said examinations are given  below: Appeared Passed Percentage Both Group 5870 320 5.45% Group 1 8766 1943 22.17% Group 2 12650 1870 14.78%

Notification No. 19/2013-Customs (N.T.) Dated: 06/02/2013

February 6, 2013 1000 Views 0 comment Print

In exercise of the powers conferred by sub-section (2) of section 146 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby makes the following regulations, further to amend the

HC should not dispose appeal without discussing the same – SC

February 6, 2013 645 Views 0 comment Print

On going through the records, we find that the issues that were raised were not discussed and dealt with by the High Court except for saying that the case is not a fit case to be interfered with. According to us, this is not a proper disposal of the appeal. Accordingly, we set aside the order and remit back the matter for fresh disposal de novo in accordance with law.

TPO only has to compute ALP & not suppose to comment on a transaction

February 6, 2013 1693 Views 0 comment Print

The TPO has to work out the ALP of the international transaction by applying the methods recognized under the Act. He is not competent to hold that the expenditure in question has not been incurred by the assessee or that the assessee has not derived any benefits for the payment made by the assessee and consequently, he cannot consider the ALP as NIL.

Royalty earned by NR from another NR not taxable in India even if payer embeds the now-how into products sold in India

February 6, 2013 1264 Views 0 comment Print

U/s 9(1)(vi)(c) royalty payable by a person who is a non-resident is deemed to arise in India where the royalty is payable in respect of any right etc utilised for the purposes of a business carried on by such person in India or for the purposes of earning any income from any source in India. Section 9(1)(vi)(c) is a deeming provision and the burden is on the Revenue to prove that the payer has a business/ source of income in India. What is important for Section 9(1)(vi)(c) is not whether the right to property is used “in” or “for the purpose of” a business, but to determine whether such business is “carried on by such person in India”;

Additional depreciation allowable only on acquisition & installation of new machinery

February 6, 2013 8604 Views 0 comment Print

During the assessment year 2006-07 in question in the provisions laid down u/s 32(i)(iia) there was specific condition alongwith installation of new plant or machinery after 31st March, 2005 that the new plant or machinery must also be acquired after 31st March, 2005.

Mere filing of return u/s. sec. 153A not sufficient to escape penalty for concealment

February 6, 2013 3718 Views 0 comment Print

After the search and the statement recorded under section 132(4), the assessee, on being issued with notice under section 153A did not file any return. The notice under section 153A was issued on 20-7-2006. It was only when assessment proceedings were taken up for consideration, did the assessee, by letter dated 14-8-2007, request that its return, filed on 31-10-2005,

Penalty justified for claim of depreciation on asset not used in business

February 6, 2013 1463 Views 0 comment Print

Even if it is assumed that the assessee continued to remain the owner of the property throughout the year, the other condition of section 32, that the property should have been used for the purpose of the assessee’s business has not been satisfied. There is no proof that the director resided in the property and it was only a claim made by the assessee in the course of the arguments.

If What material fact not been disclosed is not clear in order rejecting the objections issue of notice u/s. 148 is invalid

February 6, 2013 718 Views 0 comment Print

In the present case, the impugned reasons behind the notice dated 28.03.2012, which we have extracted above, does not even carry a whisper that there has been a failure on the part of the assessee to fully and truly disclose all material facts necessary for the assessment. Even the order rejecting the objections does not indicate as to what material fact has not been disclosed by the assessee.

Two INDIAN women have applied to Guinness World Records for lowest salary in world

February 6, 2013 11044 Views 0 comment Print

World’s lowest paid workers: Indian cleaners get just £64 after 40 YEARS of scrubbing toilets without a day off (and they’ve never had a pay rise!) For more than 40 years they’ve toiled away, meticulously scrubbing and cleaning toilets in southern India However, astonishingly, two dedicated cleaners in India have only £64 EACH to show […]

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