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Archive: 09 April 2013

Posts in 09 April 2013

Retrospective amendments of sections 9 and 2(47) of I.T.Act, 1961–Judgement of AP High Court

April 9, 2013 912 Views 0 comment Print

In this case, the Hon. AP High Court has, inter alia, held that the retrospective amendments to the Income-Tax Act, 1961 (the Act), vide the Finance Act, 2012, have no impact on the interpretation of the DTAA and the transaction in issue falls within Article 14(5) of the DTAA between India and France and the tax resulting there from is allocated exclusively to France.

How CA can file Income Tax Return / Audit Report for his clients

April 9, 2013 41976 Views 2 comments Print

Can a Chartered Accountant (CA) file Income Tax Return on behalf of the Company? Answer:  No. The person authorized by the company to file the Income Tax Return, can e-File the Income Tax Return of the company. Can a Chartered Accountant (CA) file Income Tax Forms like Audit Forms on behalf of the taxpayer? Answer: […]

ITR – Applicability, Due Date, Mode, Mandatory Fields

April 9, 2013 4577 Views 0 comment Print

Is it mandatory for certain classes of assessees to submit the Income tax returns electronically for AY 11-12 onwards? Answer: Yes. e-Filing of Returns/Forms is mandatory for : Individual/ HUF having total income of Rupees 10 Lakhs and above for AY 2012-13 and subsequent Assessment years. Individual/ HUF, being resident, having assets located outside India […]

FAQ on How to Register on Income Tax e-filing website & upload ITR

April 9, 2013 9333 Views 1 comment Print

What are the steps in brief to upload the Income Tax Return on this website? Visit ITD e-filing website https:\incometaxindiaefiling.gov.in. On homepage, GO TO ‘Downloads’ section and select applicable Income Tax Return Form of the relevant Assessment Year OR Login to e-Filing application and GO TO ‘Downloads’→’Income Tax Return Forms’ and select applicable Income Tax Return Form of the relevant Assessment Year. Download the excel utility of the Income Tax Return (ITR).

Unless specifically mentioned in treaty withholding tax rate not to include cess and surcharge

April 9, 2013 1339 Views 0 comment Print

In respect of a taxpayer to whom the double taxation avoidance agreement applies, the provisions of the Indian Income-tax Act shall apply to the extent they are more beneficial to that taxpayer. In other words, if the provisions of DTAA are more beneficial to the taxpayer, then the provisions of DTAA would prevail over the Indian Income-tax Act. Since the DTAA is silent about the surcharge and education cess for the purpose of deduction of tax at source, this Tribunal is of the considered opinion that the taxpayer may take advantage of that provision in the DTAA for deduction of tax. The CIT(A) has only deleted the tax component to the extent of surcharge and education cess at the rate applicable under the DTAA. Therefore, this Tribunal do not find any infirmity in the orders of lower authority. Accordingly the same are confirmed.

S. 10(38) Sale of land through sale of shares by company holding only land is valid

April 9, 2013 15034 Views 0 comment Print

Bhoruka Steel Limited (BSL) was incorporated in the year 1969. The company became a sick industrial company within the meaning of SICA.It was proposed that 30 acres of land along with building and structure to be disposed of.

No penalty for wrong claim of depreciation , if claim was bona fide

April 9, 2013 2056 Views 0 comment Print

In the present case, the AO had levied penalty under s. 271(1)(c) of the Act, for furnishing inaccurate particulars of income. It is not under dispute that the assessee had claimed wrong depreciation on account of additions made in the machinery and factory building accounts, which has been surrendered by the assessee to buy peace of mind. The explanation had been submitted during the assessment proceedings as well as in the penalty proceedings.

Reopening under compulsion of audit party withput AO’s Independent Opinion not valid

April 9, 2013 639 Views 0 comment Print

it is well settled that even if an issue is brought to the notice of the Assessing Officer by the audit party, it would not preclude the Assessing Officer from acting on such communication as long as the final opinion to take appropriate action is that of the Assessing Officer and not that of the audit party. Referring to the decision in case of CIT v. P.V.S Beedies (P.) Ltd. [1999] 237 ITR 13, it is equally well settled however that if the Assessing Officer has acted only under compulsion of the audit party and not independently, the action of re-opening would be vitiated.

ISA Eligibility Test May 2013 Notification

April 9, 2013 730 Views 0 comment Print

The next Eligibility Test for ISA PQC is scheduled to be held on Saturday the 11th May, 2013 from 08.00 a.m. to 12.00 p.m. A detailed notification giving list of centers would be hosted on Committee Portal at http://cit.icai.org by 16th April, 2013.

Review of all-in-cost ceiling of Trade Credits for imports into India

April 9, 2013 373 Views 0 comment Print

On a review, it has been decided that the all – in – cost ceiling as specified under paragraph 4 of A.P. (DIR Series) Circular No.28 dated September 11, 2012 `will continue to be applicable till June 30, 2013 and subject to review thereafter. All other aspects of Trade Credit policy remain unchanged.

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