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Archive: 12 February 2013

Posts in 12 February 2013

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 18, 2024 5091 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 18, 2024 4386 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

Interest U/s. 234B & 234C payable on advance tax liability under MAT provisions

February 12, 2013 5352 Views 0 comment Print

Whether on the facts and in the circumstances of the case, the ITAT is correct in law in deleting the interest charged u/s 234B and 234C while computing income u/s115JB without appreciating the facts that the said section specifically state that all provision of the Act shall apply to the assessee being company mentioned in the said section and therefore section 115J of the Act is no more available for the assessee for delaying the payment of advance tax in view of the insertion of section 115JA 115JB in the Act.

Point of Taxation Rules, 2011 – Updated till 05.02.2013

February 12, 2013 6700 Views 0 comment Print

We are delighted to inform you that the Indirect Taxes Committee has come out with an “E-Handbook on Point of Taxation Rules, 2011”.  The electronic form of the Handbook increases its portability and allows you to access the same at any time and from any place convenient to you, thereby making it a ready referencer […]

Govt urges Tax Payers to disclose true income and pay Tax

February 12, 2013 2787 Views 0 comment Print

In the statement made by the Revenue Secretary to the media on 10th December 2012, he had stated that there is no advantage in suppressing the true income or avoiding paying income tax that is due because, sooner or later, the information available with the Income Tax Department will lead the department to the doors of such persons.

No penalty can be levied on admission of appeal by High Court

February 12, 2013 3428 Views 0 comment Print

Hon’ble Delhi High Court in the case of CIT vs. Liquid Investment Limited, I.T.A.No. 240/2009 vide its order dated 5.10.2010 has clearly held that where High Court has accepted substantial question of law u/s 260A, this itself shows that issue is debatable. Accordingly, no penalty was imposable u/s 271(1)(c) of the Income-tax Act, 1961.

Petition u/s. 397/398 cannot be dismissed for mere signature mismatch

February 12, 2013 3393 Views 0 comment Print

The documents have been perused. The CLB has noted the mismatching in the questioned and the admitted signatures yet on a perusal of the same and the submission of the learned counsel for the respondent which is to the effect that the signatures of a person do vary at different points of time which submission is not out of context.

Forfeited earnest money arising out of property sale agreement is not liable to tax

February 12, 2013 3191 Views 0 comment Print

It is not disputed that there was an agreement to sell between the assessee and M/s Shinestar Buildcon P Ltd. and in terms of the agreement the assessee received Rs. 18 crores as earnest money. Subsequently, the said earnest money was forfeited by the assessee and the same was claimed as capital receipt.

Section 10(23C) cannot be interpreted regressively to deny exemptions

February 12, 2013 3868 Views 0 comment Print

In the present case, the sole and dominant nature of the activity is education and the Petitioner exists solely for the purposes of imparting education. An incidental surplus which is generated, and which has resulted in additions to the fixed assets is utilized as the balance-sheet would indicate towards upgrading the facilities of the college including for the purchase of library books and the improvement of infrastructure.

Writ petition against Order passed with biased mind is maintainable

February 12, 2013 1429 Views 0 comment Print

It is well established in law that no one can act in judicial capacity if his conduct gives ground for believing that he cannot act with an open mind or impartially. In the present case, we have a reasonable apprehension that the A.O. who has passed the impugned order does not have open mind and, therefore, cannot pass order impartially.

Financial Statement in XBRL mode filing due date extended to 28.02.2013

February 12, 2013 1505 Views 0 comment Print

Time limit to file the financial statements in the XBRL mode without any additional fee/penalty has been extended up to 28th February, 2013 or within 30 days from the due date of AGM of the company, whichever is later.

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