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Archive: 25 April 2013

Posts in 25 April 2013

Free YouTube Live on The global landscape –  from market’s to trade

May 24, 2024 576 Views 0 comment Print

Join us for an insightful and dynamic YouTube Live session on “The global landscape –  from market’s to trade.” with renowned financial analyst Ankit Baid, MBA Finance. The presentation explores shifting of the global economic landscape, focusing on the decline of US dominance and the rise of China. It examines the potential decrease in global […]

Live Course on Appeal, Pleading & Drafting under GST by CA Sachin Jain

May 15, 2024 7500 Views 0 comment Print

oin us for an immersive live course led by renowned expert CA Sachin Jain, as we delve into the intricacies of appeal, pleading, and drafting under GST.

Matter remanded back for re-examination of issue as revenue agreed for the same

April 25, 2013 373 Views 0 comment Print

Revenue agrees to grant an opportunity to the appellant to reduce the dispute at the grass root level. In view of the limited opportunity of rebuttals as above pleaded the matter is remanded to the learned Adjudicating Authority to re-examine the issue of input credit admissibility as stated above including the documents referred to in Para 5.2 of the first appellate order granting fair opportunity of defence to the appellant.

Expenditure on registration of lease agreement is allowable as revenue expenditure

April 25, 2013 8181 Views 1 comment Print

It is not disputed by revenue that the said lease agreement dt.29.6.2006 entered into by the assessee give rise to a lease in favour of the assessee and no other legal rights in the hospital building are granted to the assessee. As such, the view of the Assessing Officer that the said lease agreement brings into existence an asset of enduring nature is, in our opinion, misplaced. The Hon’ble Apex Court in the case of Empire Jute Co. Ltd. v. CIT [1980] 124 ITR 1 has laid down certain guidelines to determine whether, in a given case, the expenditure incurred is in the nature of revenue or capital expenditure.

Deduction u/s. 80IA not allowable on interest on Margin Money, I-T refund, employee’s loan

April 25, 2013 3341 Views 0 comment Print

On the question as to whether the assessee is entitled to deduction u/s 80IA of the Act on the net interest income on employees loans & advances, interest on margin money and interest income on dues towards income tax refund adjustment from Essar Project Ltd., we are of the opinion that the issue involved in the present case is no more res-integra and is covered by the decision of the Hon’ble Apex Court in the case of Liberty India (supra) wherein it has been held that duty drawback, DEPB benefits, rebates, etc., cannot be credited against the cost of manufacture of goods debited in the profit and loss account for purposes of section 80-IA/80-IB as such remissions (credits) would constitute independent source of income beyond the first degree nexus between profits and the industrial undertaking.

When Seized documents explains unexplained expenditure, no addition is warranted

April 25, 2013 2447 Views 0 comment Print

The brief facts leading to above issue are that assessee incurred undisclosed expenditure for furniture, fixture, flooring etc. incurred in respect of Flat No. 501, at 20 Lee Road, Kolkata for asst. yr. 2008-09. The said expenditure was found recorded in RM-1 and RM-2. The expenditure of Rs. 35 lakhs was incurred by the assessee in connection with purchase of furniture of director’s flat at 20 Lee Road on behalf of M/s Fort Projects (P) Ltd. It is pertinent to note that no such addition of Rs. 35 lakhs on account of undisclosed expenditure was made by AO in very first place and this will be clear from perusal of assessment order for asst. yr. 2008-09,

Notification No. 49/2013-Customs (N.T.) Dated: 25/04/2013

April 25, 2013 406 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 4 and sub-section (1) of section 5 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby appoints the Additional/Joint

Notification No. 48/2013-Customs (N.T.) Dated: 25/04/2013

April 25, 2013 463 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 4 and sub-section (1) of section 5 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby appoints the Additional/Joint

Delhi VAT – Due Date extended for Return for the period ending on 31st March 2013

April 25, 2013 6140 Views 0 comment Print

However, the tax due for the above mentioned period shall be deposited as per the provisions of Section 3(4) of the DVAT Act, 2004. Penalty and interest on late deposit of tax due shall be imposed as applicable.

No Transfer Pricing adjustments can be made if actual transaction price is within safe harbour limit of +/- 5%

April 25, 2013 796 Views 0 comment Print

In the case of dredger Hector even though there is no dispute with reference to the examination of the international transactions in this year under the provisions of transfer pricing, while determining the ALP what is required to be considered is whether the price paid has any significant impact on the income. As submitted by assessee, the agreement was entered when the entities are independent and therefore, the price paid can be considered at arms length. Moreover, assessee also justified the price paid is within the permitted range of +/- 5% in both the cases, the fact of which was accepted by the CIT(A).

Advance booking period for train tickets reduced to 60 days

April 25, 2013 1544 Views 0 comment Print

Railways has reduced advance booking period from four months to two months from May 1 as part of its efforts to prevent touts from cornering bulk of tickets.

Carrying of passengers through ropeway not amount to Tour Operator’s services

April 25, 2013 1792 Views 0 comment Print

In this case appellant was allowed to operate the ropeway of Nagar Palika and such factual aspect called for testing by the Revenue Authorities with the provision of law under which the appellant was brought to tax. Section 65(105)(n) of the Act has taxing entry and meaning of the term Tour Operator is given by section 65(115) of the Act. Definition of Tour Operator” under section 65(115) states that any person engaged in the business, planning, scheduling, organizing or arranging tours by any mode of transport shall be Tour Operator.

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