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Archive: 12 April 2013

Posts in 12 April 2013

Amendment in DTAA with UAE with respect to taxes on income & on Capital

April 12, 2013 3137 Views 0 comment Print

Notification No. 29/2013 – Income Tax Desiring to amend the Agreement between the Government of the Republic of India and the Government of the United Arab Emirates for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital signed at New Delhi on the 29th April, 1992 as amended by the Protocol signed on 26th March, 2007 between the Government of the Republic of India and the Government of United Arab Emirates (in this Protocol referred to as the Agreement),

Encourage Mutual Cooperation between Tax-Payers & Income Tax Dept – FM

April 12, 2013 1917 Views 0 comment Print

Central Direct Tax Advisory Committee (CDTAC) is to Develop and Encourage Mutual Cooperation between the Tax-Payers and the Income Tax Department and to Remove Administrative and Procedural difficulties of a General Nature: FM The Union Finance Minister Shri P. Chidambaram said that role of the Central Direct Tax Advisory Committee (CDTAC) is to develop and […]

ALP cannot be determined arbitrarily, It must be by one of methods prescribed U/s. 92C, RW rule 10B

April 12, 2013 1171 Views 0 comment Print

The issue involved in the present case is relating to the determination of arm’s length price in relation to the international transactions involving payment of royalty by the assessee company to its associated enterprises. As provided in section 92C of the Act, such arms’s length price is to be determined by one of the methods prescribed, which is found to be the most appropriate method having regard to the nature of transaction or class of transaction or class of associated persons or functions performed by such persons or such other relevant factors as may be prescribed. The manner in which such most appropriate method is to be applied for determination of arm’s length price is prescribed in Rule 10B of Income-tax Rules, 1962.

Perpetual right of possession of Hotel suite with right to transfer is capital Asset

April 12, 2013 1553 Views 0 comment Print

Section 2(14) defines ‘capital asset’ as property of any kind held by an assessee. The term ‘property’ encompasses in its ambit bundle of rights. This includes every conceivable species of valuable rights and interests. The right to dispose off a thing in every legal way, to possess it and to use and to exclude everyone from interfering with it, comes within the ambit of property. The exclusive right of possessing, enjoying and disposing off a thing comes within the term of ‘property’. The assessee had perpetual right of possession of suite and was entitled to transfer the same by virtue of seventh covenant noted above. Therefore, long term advance booking by virtue of which assessee got right to possession was ‘capital asset’ within the definition of section 2(14) and, therefore, on transfer of the same long term capital gain accrued to the assessee and assessee was, accordingly, entitled for indexation of cost of acquisition.

Anti-dumping duty on Plain Gypsum Plaster Board imported from China, Indonesia,Thailand & UAE

April 12, 2013 3325 Views 0 comment Print

The anti-dumping duty imposed shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of imposition of the provisional anti-dumping duty, that is, the 7th June, 2012.

Procedure for registration in ACES for EXISTING ASSESSEE using TPIN link

April 12, 2013 5137 Views 0 comment Print

 (For Assessees who were already registered with department in erstwhile SACER/SAP and applying now for transacting business with CBEC  through ACES): 1. Kindly submit a requisition letter to your Range Superintendent along with your Company Name, existing Registration Number and your updated and valid e-mail ID. 2. Range Superintendent enters your details (including e-mail ID) […]

Excise – Amendment in forms for filing appeal in CESTAT (E.A.-3, E.A.-4, E.A.-5)

April 12, 2013 5622 Views 0 comment Print

NOTIFICATION NO 06/2013-Central Excise (N.T.) – Form of appeal or application to the Appellate Tribunal. – (1) An appeal under sub-section (2) of section 35B or an application under sub-section (4) of section 35E of the Act to the Appellate Tribunal shall be made in Form No. E.A. – 5.

Dealer Return – How to mention IEC code in return

April 12, 2013 2582 Views 0 comment Print

As you may be aware, earlier, dealers who imported goods or purchased goods from other importers had difficulty in filing dealer returns in ACES, as the ACES application did not allow such dealers to mention their own Central Excise registration number, or the IEC Code of the importer in the column prescribed for mentioning the […]

CBI Arrests CA & DCIT in Ludhiana in bribery case

April 12, 2013 1673 Views 0 comment Print

     The Central Bureau of Investigation has arrested a Deputy Commissioner of Income Tax, Ludhiana and a Chartered Accountant for demanding & accepting a bribe of Rs.Six Lakh from the complainant.      A case was registered in CBI on a complaint from a businessman alleging demand of bribe by a Deputy Commissioner of Income Tax, Ludhiana. The […]

Top 10 Tips for customs clearance on arrival

April 12, 2013 1854 Views 0 comment Print

1. Feel free to contact the customs facilitation counter and enquire before proceeding for the Green Channel. 2. Don’t depend merely on friends, travel agents etc. for information. Please check up the informations with the customs helpdesk. 3. Declare the contents of your baggage truthfully and completely. Mis-declaration in any manner is offence punishable with […]

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