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Archive: 08 April 2013

Posts in 08 April 2013

Revised Format of Bank and Bank Branch Audit Report Formats

April 8, 2013 942 Views 0 comment Print

As the members undertaking bank central and/ or branch audits of nationalized banks are aware, the Institute of Chartered Accountants of India has prescribed the illustrative formats of audit reports of banks as well as bank branches, which are in line with the requirements of the Revised Standard on Auditing (SA) 700, Forming An Opinion and […]

Property Transactions and Tax Issues

April 8, 2013 1045 Views 0 comment Print

This year’s budget has brought in certain proposals which could impact your decision to buy (or sell) a property in the new financial year – both in direct taxes and indirect taxes.

Penalty U/s. 78 to be waived if Service Tax and interest been paid before issue of SCN

April 8, 2013 7034 Views 0 comment Print

Considering the fact that the entire amount of service tax and interest has been paid before the issuance of the show-cause notice, I reduce the penalty under section 78 to 25% of the service tax but confirm the penalty imposed under section 77 by the impugned orders. The appellants are directed to pay penalty under section 78 confirmed by this order within 30 days of the communication of this order. Failing which, the appellants shall be liable to pay 100% of penalty as imposed in the impugned orders. The appeals are disposed of in the above terms.

Rule 6 of CENVAT Credit Rules, 2004 not applies if no cenvated input used in manufacture of exempted goods

April 8, 2013 9963 Views 0 comment Print

We are conscious of the fact that what is in dispute is not the question as to whether bio-compost fertiliser is a final product or not, but on the other hand the question is as to whether such final product is liable to be brought under Rule 57CC of the Central Excise Rules or not. Press mud is an unavoidable and inevitable waste which arises when the cane juice obtained after crushing the sugar cane is further processed for manufacture of sugar. Press mud is nothing but impurities present in the cane juice.

TPO can take domestic unrelated parties as comparables if Assessee having similar transactions with them

April 8, 2013 447 Views 0 comment Print

In our opinion, the assessee himself having taken these two non-related parties as comparables in its TP study, it cannot now turn back and say that one of the parties is not comparable without giving any cogent or convincing reason. The only reason given by the assessee in this regard is that the use of technology availed from Dupont has restricted application. It is, however, observed from the relevant figures that the domestic sales generated by the assessee using the technology of Dupont is quite comparable with the domestic sales generated from the use of technology of its AE Kansai Japan. There is thus no merit in the stand of the assessee that Depont is not a comparable case with Kansai Japan.

SEBI : Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to Normal Rolling Settlement

April 8, 2013 253 Views 0 comment Print

Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to Normal Rolling Settlement.

Import of Pets as Baggage allowed only to persons transferring their residence to India

April 8, 2013 1183 Views 0 comment Print

These instructions may be brought to the notice of the trade/airlines/carriers by issuing suitable Trade / Public Notices. Suitable Standing orders/instructions may be issued for the guidance of the field officers.

Government Declares a Holiday on Sunday – April 14, 2013

April 8, 2013 3419 Views 0 comment Print

It has been decided to declare Sunday, the 14th April 2013, as a Closed Holiday on account of the birthday of Dr. B.R. Ambedkar, for all Central Government Offices including Industrial Establishments throughout India.

No capital gain tax on revaluation of assets on conversion of firm into private limited company

April 8, 2013 7086 Views 0 comment Print

The hon’ble Ahmedabad Income-tax Appellate Tribunal in the case of Well Pack Packaging v. Deputy CIT reported at [2003] 78 TTJ (Ahd) 448 has held that revaluation of depreciable assets and conversion of a partnership firm into company does not lead to incidence of capital gain inasmuch as revaluation is made in the hands of the assessee by writing up the value of assets in the books. In view of the provisions of sections 575, 576 and 577 of the Companies Act, 1956, there is no transfer involved when a company got itself registered under Part IX of the Companies Act. In view of this, there is no question of applicability of the provision of section 45 or 50 or any other provisions of the Income-tax Act arise on conversion of a firm into company.

Cancellation of Trust Registration not valid for mere carrying of commercial activities

April 8, 2013 3756 Views 0 comment Print

From the fact that the income of the society comprised of receipts from the activity of letting out a kalyana mantapa owned by it on rent, fees received from the members on sale of liquor in the bar run by the assesse, it does not follow that the activities of the Assessee are not genuine or that the activities are not being carried out in accordance with the objects of the Assessee.

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