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Archive: 22 February 2013

Posts in 22 February 2013

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 16, 2024 3840 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 14, 2024 3483 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!

Tribunal order giving effect to HC opinion cannot amount to review of its earlier order

February 22, 2013 600 Views 0 comment Print

When the order was passed by the Tribunal on 09.10.2000, the Revenue had only remedy of seeking reference in terms of the then Section 35-G of the Act from the Tribunal. If the Tribunal does not refer the questions of law for the opinion of this Court, the aggrieved party could invoke jurisdiction of this Court under Section 35-H of the Act. It was in these terms, the jurisdiction of this Court was invoked by the Revenue against the order dated 09.10.2000 passed by the Tribunal. The opinion rendered by the High Court, on such reference sought by the Revenue, is binding on the authorities under the Act. The Tribunal is to give effect to the order passed by this Court. We find that the appellant has sought to confuse the provisions then existing and after amendment with effect from 14.5.2003 substituting Section 35-G by Section 144 of the Finance Act, 2003.

CBEC notifies ST-3 – Return of 2nd Quarter can be filed till 25-3-2013

February 22, 2013 8996 Views 0 comment Print

Notification No.. 01/2013-ST, DATED 22-2-2013 Form ST- 3 for the period between the 1st day of July 2012 to the 30th day of September 2012, shall be submitted by the 25th day of March, 2013

Guidelines for Setting up Disaster Recovery& Business Continuity Plans Centers for IT / ITES SEZs

February 22, 2013 1792 Views 0 comment Print

Disaster recovery (DR) may be seen as the process, policies and procedures related to preparing for recovery or continuation of technology infrastructure critical to a business organization after a natural or human-induced disaster occurs. Disaster recovery may be seen as a subset of business continuity.

Exemption U/s. 54F not allowable on amount invested in construction before transfer of original asset

February 22, 2013 3810 Views 0 comment Print

Brief facts of the case are that the assessee is a director in M/s. Veen Promoters Pvt. Ltd. There was a survey u/s. 133A of the Act on 14.7.2009 in the case of M/s. Veen Promoters Pvt. Ltd. The assessee filed return of income for the A.Y. 2008-09 on 31.7.2009 declaring total income

ICSI to accept Old prospectus / Registration up to 22nd Feb 2013

February 22, 2013 1706 Views 0 comment Print

It has come to institute’s notice that some students who had purchased old registration form earlier are coming to institute’s HQ/Regional Council/Chapter to deposit the same now. Please note that as a special case, in the larger interest of student community, such students are allowed to submit the Old Registration forms up to 22nd February, 2013.

Brand creation expenses are revenue expenditure

February 22, 2013 10579 Views 0 comment Print

Expenditure incurred by the assessee is not creating any enduring benefit of an asset but is rather helping the assessee in augmenting its sales and resultantly its profit. Even if it is presumed that the building of brand image of Nirvana is giving advantage of enduring benefit to the assessee, still it would be on revenue account as there is no creation of a tangible or intangible asset of enduring nature to the assessee.

S. 68 Assessee cannot be asked to prove source of source or origin of origin

February 22, 2013 4959 Views 0 comment Print

It is not in dispute that the aforesaid two amounts have been deposited by the two partners in their capital account. The partners are income tax payee. They have explained the source as having received gift from various persons, who have also filed their Income Tax Returns and have been assessed accordingly. Merely because, the donors are weavers and they own only one loom would not make any difference. They have filed their Income Tax Returns and have also filed the return under the Gift Tax Act. They have paid the gift tax also. Assessment under the Gift Tax Act has also been made, though the assessments made were summary in nature. In the case of Anil Rice Mills (supra), this Court has held that the assessee can not be asked to prove the source of source or the origin of origin.

Income from relinquishment of right in property is capital gain

February 22, 2013 40323 Views 0 comment Print

The decision in J.K. Kashyap v. Asstt. CIT [2008] 302 ITR 255 is an authority for the proposition that even when an assessee becomes entitled to an undefined and undivided share in a property, through an agreement, which he later relinquishes, the gain has to be assessed as income from capital gain, and not as income from other sources.

Provisional assessment under Rule 7 of Central Excise, Rules, 2002

February 22, 2013 12912 Views 0 comment Print

Sanjay Kumar Provisional assessment. RULE 7      (1) Where the assessee is unable to determine the value of excisable goods or the rate of duty applicable thereto, he may request the AC/DC of Central Excise in writing giving reasons for payment of duty on provisional basis. AC/DC may order allowing payment of duty on provisional basis […]

Carrying IPL matches is not a Charitable Activity

February 22, 2013 2638 Views 0 comment Print

In addition to the regular cricket matches, the assessee is conducting commercially oriented matches like Indian Premier League (IPL). Players of IPL teams are selected by sponsors to play under their brand names. Players are selected through auctions. Players choose that sponsor which offers the highest amount of money. IPL Matches are played with hype and celebration so as to create more and more revenue out of sale of telecast rights. All these activities when read together, one has to come to a finding that the entire activities of the Association is poised towards generating huge amount of income through the game of cricket.

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