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Archive: February, 2013

Posts in February, 2013

Losses of non Section 10A units cannot be set off against profit of 10A unit

February 18, 2013 717 Views 0 comment Print

This issue is covered by the decision of the Hon’ble High Court of Karnataka in the case of Yokogawa India (cited Supra), wherein it has been held that for computing the deduction u/s 10A of the Act, the profit of eligible units have to be deducted at source and do not enter into the computation of income and as a consequence of which, the losses suffered by non eligible units cannot be set off against the profits of eligible units.

Standalone health insurance companies can avail services of Agents

February 18, 2013 1068 Views 0 comment Print

It has also been decided to allow Standalone health insurance companies to avail the services of Agents, Corporate Agents of other Life and/or Non-Life insurance companies to distribute their products provided such Agents and Corporate Agents undergo 25 hours training as mandated at para (2) above.

Issue Arising from Dissolution of Partnership

February 17, 2013 54231 Views 5 comments Print

R. Kumar, B.Com. MBA (Finance) Introduction: Normally the partnership would stand dissolved on the death of a partner unless it is otherwise contracted for, but if it is found from the subsequent conduct of the parties that despite the death of partner, partnership business continued to function, then it would be taken that it continued […]

Rebate of Duty Paid By Merchant Exporter

February 16, 2013 33543 Views 27 comments Print

Notification No. 19/2004 –CE (NT) dated 6.09.2004 prescribes the conditions and procedure relating to export under claim of rebate. This notification is applicable for Manufacturer exporter as well as Merchant exporter.

CST -Assessment orders u/s. 6A(1) 6A(2) & 6A(3) – Appellate Forum to be approached

February 16, 2013 65349 Views 15 comments Print

There is confusion in the minds of dealers/assessees as to the appellate forum to be approached in case of assessment orders passed under Sections 6A(1), 6A(2) and 6A(3) of the Central Sales Tax Act, 1956

Salaried Person and their Expectation from Budget

February 16, 2013 3777 Views 0 comment Print

CMA Arif Farooqui As next year budget is just round the corner, everyone is expecting something from Finance Minister but we should understand, he has some limitations due to heavy fiscal deficits. There are numbers of points which we are expecting from this budget but I would limited my article to points which affecting salaried […]

Penalty u/s 51 of Punjab VAT Act whether just and reasonable?

February 16, 2013 5317 Views 0 comment Print

Section 51(7)(c) of Punjab VAT Act, 2005 prescribes penalty equal to 50% of the value of goods for not producing requisite documents i.e (Invoice/Delivery challan, Goods Receipt etc.) at the check post or Information collection centre with a view to attempt or avoid or evade the due tax.

Taxation of Software –Sale of Goods or Services- Legal Controversy

February 16, 2013 47979 Views 9 comments Print

Information technology services are declared services under Section 66 E (d) – Development, design, programming, customization, adaption, upgradation, enhancement, implementation of information technology software

Compensation for loss of asset of enduring value is capital receipt

February 16, 2013 3664 Views 0 comment Print

In view of decision of Hon’ble Supreme Court in the case of Kettlewell Bullen & Co. Ltd. Vs. CIT: (1964) 53 ITR 261, It was held that the compensation received for loss of an asset of enduring value would be regarded as capital receipt.

Law governing Inbound Investment in India

February 16, 2013 3749 Views 0 comment Print

Over the last several years, there has been considerable liberalization in the inbound investment regime, The Industrial Policy Resolution of 1956 and the statement on Industrial Policy of 1991 provides the basic framework for the overall industrial policy of Indian Government. The process of liberalization started in India with the statement on Industrial Policy of 1991.

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