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Archive: February, 2013

Posts in February, 2013

Refund to be granted only if ROI is either processed u/s. 143(1) or assessment is made u/s.143(3)

February 13, 2013 3199 Views 0 comment Print

It is not disputed by the assessee that the return of income was filed beyond the time limit prescribed by section 139(1) and even section 139(4). Under sub-section (4) of section 139 the assessee ought to have filed the return on or before 31-3-2000. However, the return was filed only on 10-10-2000. Under general principles, a refund of taxes can be granted only where the return of income is processed under section 143(1) or an assessment is made under section 143(3) after inquiry.

FTP – SION – Pesticides deleted as permissible input

February 13, 2013 829 Views 0 comment Print

Pesticides (Biocides/Fungicides/ Herbicides/Insecticides) under SION J-373 stands deleted as a permissible input with immediate effect.

Regarding import of catalyst for one subsequent charge under EPCG scheme

February 13, 2013 3040 Views 0 comment Print

That the catalyst for one subsequent charge shall be allowed, under the authorization in which plant, machinery or equipment and catalyst for initial charge have been imported, except in cases where the Regional Authority issues a separate authorization for catalyst for one subsequent charge after the plant, machinery or equipment and catalyst for initial charge have already been imported.

Trade Mark is goods & Royalty received for use of it is liable to VAT

February 13, 2013 6760 Views 0 comment Print

The Kerala High Court upheld the demand of VAT by holding that Trade Mark is goods and Royalty received from franchisees for use of its trademark and for sharing business know-how is leviable to VAT.

New President & Vice President of ICAI for 2013-14

February 13, 2013 3172 Views 0 comment Print

CA. Subodh Kumar Agrawal, President, ICAI 2013-2014 A combination of erudition, foresight and professional excellence, CA. Subodh Kumar Agrawal has become the supreme torch-bearer of Indian accountancy profession as the President of Institute of Chartered Accountants of India (ICAI) for the year 2013-14. A fellow member of the ICAI with 24 years of standing, he […]

A close analysis of NFRA provisions in Cos Bill 2012

February 13, 2013 3676 Views 0 comment Print

National Financial Reporting Authority (NFRA) is a new authority to be established when the new Companies Act is passed, to provide for matters relating to accounting and auditing standards. The CA profession in India is having a hot debate about the powers and role of the proposed NFRA.

Testing services through machines are technical services, but cannot be taxed as FTS if human intervention is missing

February 13, 2013 11546 Views 0 comment Print

Coming to the facts of the present case, whether standard service provided at the Laboratory of PTL for the purpose of testing the equipments is done automatically by the machines or purely by human intervention. Assessee before the AO after drawing his attention to the flyer received from the PTL had categorically pointed out that the standard service provided by the PTL is without any human intervention.

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

February 12, 2013 5622 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 7138 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 3147 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.

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