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Archive: April, 2013

Posts in April, 2013

Deputy Commissioner & Appraiser of Customs Sentenced in Bribery Case

April 12, 2013 1077 Views 0 comment Print

The Special Judge for CBI Cases, Chennai has convicted the then Deputy Commissioner of Customs & then Appraiser of Customs, Chennai in a bribery case and sentenced them to undergo one year Rigorous Imprisonment with fine of Rs. 6,000/- each.

Assessee eligible for benefit u/s 801A even if only part of Infrastructural Project work is executed by it

April 12, 2013 2188 Views 0 comment Print

The view of the Larger Bench that the assessee had to be directly engaged in developing, maintaining and operating the facility and that there had to be a complete development of the facility and not just a part of it is contrary to the law laid down in ABG Heavy Industries 322 ITR 323 (Bom). The High Court held that The assessee did not have to develop the entire project in order to qualify for a deduction under s. 80-IA. The Parliament did not legislate a condition impossible of compliance.

Protocol amending the India-United Arab Emirates DTAA to be effective from March 12, 2013

April 12, 2013 1342 Views 0 comment Print

Notification No. 29/2013 – Income Tax [F.NO. 503/5/2004-FTD-II], DATED 12-4-2013 Whereas the annexed Second Protocol amending 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 (hereinafter referred to as “Protocol”) signed on the 16th day of April, 2012 shall enter into force on the 12th day of March, 2013, being the date of the later of the notifications

Site formation service taxable as mining services from 1-6-2007

April 11, 2013 2006 Views 0 comment Print

In the case of activities sought to be classified under site formation service our prima facie view is that this activity is classifiable as mining activity and liable to service tax only from 1-6-2007 and such tax is being paid. Demand of service tax under site formation service does not appear to be prima facie maintainable in this case where during the relevant period the definition did not cover the activity specifically and later a specific entry is introduced to cover the activity. So at this prima facie stage, we find that the appellants have made out a strong case for waiver of pre-deposit of dues arising from the impugned order for admission of appeal. We order so and there shall be waiver on collection of such dues during the pendency of the appeal.

Entry tax on Vehicles to be registered in Punjab but Purchase Outside

April 11, 2013 3367 Views 0 comment Print

Entry tax on automobiles in Punjab, no more cheaper vehicles from other States due to difference in rate of tax Punjab Government has levied entry tax on all motor vehicles purchased from outside the State of Punjab but brought into the local areas of Punjab for registration under Motor Vehicles Act, 1988 vide notification dated […]

Regarding classification of Octagonal Steel Columns for Lamp Posts and like products

April 11, 2013 1351 Views 0 comment Print

In view of the foregoing, it is clarified that the appropriate heading for classification of “octagonal steel columns for lamp posts”, as steel posts for outdoor lighting purposes (public street lighting) and like products is in heading 73.08, as steel structures, and more

Loan paid by guarantor to lender on default by borrower is ‘capital receipt’ for borrower

April 11, 2013 5351 Views 0 comment Print

The sum paid was also not in the nature of compensation because there was no obligation on M/s Gillette Company USA, under any contract to compensate the assessee. Under these facts we do not find infirmity in the decision of the first appellate authority in treating the amount of Rs. 108.49 crores out of an aggregate addition of Rs. 118.49 crores made by the AO as capital receipt and hence not chargeable to tax. In this regard we also find support from the decisions relied upon by the Ld. AR in the cases of Smartalk (P) Ltd. (supra) and General Electrodes & Equipment Ltd. (Supra) wherein under almost identical circumstances addition made has been deleted.

ICAI – Address for Sending/Making Request/Correspondence Relating to Examinatinon Matters

April 11, 2013 1277 Views 0 comment Print

It is hereby brought to the notice of the examinees and other stakeholders of the Chartered Accountants Examination that any request/correspondence relating to any examination matters be sent/made at the following address necessarily by the examinee himself/herself. Additional Secretary (Exams) The Institute of Chartered Accountants of India ‘ICAI Bhawan’, Post Box No. 7112 Indraprastha Marg, […]

Transfer pricing – RBI approval do not partake the character of ALP

April 11, 2013 2128 Views 0 comment Print

Moreover, in the subsequent year i.e 2008-09 & 2009-10 the cup method as adopted by the assessee for benchmarking its international transactions has not been disputed by the revenue. Further, when the relevant data are now available, as stated by the ld Sr counsel, then it is appropriate to determine the ALP by adopting the same method as it was accepted in the subsequent year.

All Cestat Appeal should be in New forms wef 01.06.2013

April 11, 2013 2440 Views 0 comment Print

The Board has decided to amend/revise the forms for filing appeal in the CESTAT. Accordingly, new forms for Central Excise (E.A.-3, E.A.-4, E.A.-5), Customs (C.A.-3, C.A.-4, C.A.-5) and Service Tax (S.T.-5, S.T.-6, S.T.-7) have been notified vide Notification Nos 6/2013-Central Excise (N.T.), 37/2013-Customs (N.T.) and 5/2013-Service Tax, all dated 10.04.2013 respectively. These forms have been made effective from 1.6 2013. Therefore, all appeals filed in the Tribunal on or after 1.6.2013 would be in the new form being prescribed.

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