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Archive: July, 2013

Posts in July, 2013

S. 54 Exemption available on Acquisition of new flat in exchange of old flat

July 22, 2013 3203 Views 0 comment Print

The dispute is regarding allowability of exemption under section 54 of the Act and computation of long term capital gain in respect of exchange of old flat with a new flat and cash compensation under development agreement with the builder.

S. 36(1)(v): Payment To LIC Towards Group Gratuity fund Allowable : SC

July 22, 2013 27564 Views 2 comments Print

True that a fiscal statute is to be construed strictly and nothing should be added or subtracted to the language employed in the Section, yet a strict construction of a provision does not rule out the application of the principles of reasonable construction to give effect to the purpose

Custom includes Hilsa Fish (HS 03038910) imported from Myanmar under India-ASEAN Free Trade Agreement

July 22, 2013 1386 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do

Notification No. 36/2013-Customs, Dated: July 22, 2013

July 22, 2013 1859 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the

Lump sum amount received from ex-husband as alimony is not taxable

July 21, 2013 28362 Views 0 comment Print

In the present case, though the assessee was to receive monthly alimony which was to be taxable in the each year from conclusion of divorce agreement but in this case monthly payments were not received and, therefore, were not offered tax.

Tax Treaty Treatment of Termination Payments – OECD’s draft guidance

July 21, 2013 1329 Views 0 comment Print

This public discussion draft includes proposals for additions and changes to the Commentary on the OECD Model Tax Convention resulting from the work of that subgroup. These proposals have recently been presented to the Working Party for discussion with a view to their possible inclusion in the OECD Model Tax Convention.

TP- Making distinction between alcoholic beverages like ‘whisky’ and ‘other than whisky’, is undesirable for comparability under TNMM

July 21, 2013 6526 Views 0 comment Print

The arm’s length result under the TNMM is determined to the net profit margin of a comparable transactions under a comparable circumstances and the profitability derived from uncontrolled party engaged in similar business activity under similar circumstances are to be analysed.

S. 14A Interest expenditure cannot be disallowed by mechanically applying Provisions of Rule 8D

July 21, 2013 3127 Views 0 comment Print

Here in the present case, there is no linkage or nexus between the funds borrowed by assessee and the impugned investments, hence, no interest expenditure can be disallowed by mechanically applying the Provisions of Rule 8D of the Rules.

TDS not to be deducted on income not accrued to assessee

July 21, 2013 4498 Views 0 comment Print

it would be wholly unreasonable to deduct tax at source on an amount which has not accrued to the Petitioner as income during the financial year in question, the entitlement of the Petitioner being contingent on the outcome of the challenge to the arbitral award.

A brief on Input Tax Credit of VAT

July 21, 2013 379386 Views 105 comments Print

Article deal with 1. Non availability of credit in case of inter-state purchases and in certain other cases 2. When dealer is not entitled to input credit? Manufacturer will be entitled to credit of tax paid on inputs used by him in manufacture. A trader (dealer) will be entitled to get credit of tax on goods which he has purchased for re-sale.

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