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Archive: August, 2013

Posts in August, 2013

Lease premium for allotment of a plot of land do not attract provision of section 194-I

August 5, 2013 3458 Views 0 comment Print

The entire grievance revolves around the premium paid by the assessee to M/s. MMRDA Ltd. for the leasehold rights acquired by the assessee through the lease deed dt. 22nd November, 2004. It is the say of the Revenue that this lease premium was liable for deduction of tax at source failing

AO not justified in making disallowance u/s 37 for expenses incurred by assessee before commencement of business operation but after setting up of business

August 5, 2013 6145 Views 0 comment Print

The important question that has got to be considered is from which date are the expenses of this business to be considered permissible deductions and for that purpose the section that we have got to look to is section 2(11) and that section defines the „previous year‟

Two Years Rigorous Imprisonment to Then Deputy Commissioner of Customs & Central Excise in a Disproportionate Assets Case

August 5, 2013 2217 Views 0 comment Print

            The Special Judge for CBI Cases, Chennai, has convicted Shri. K.R Velu, then Deputy Commissioner Customs & Central Excise, Chennai in a disproportionate assets case and sentenced him to undergo two years Rigorous Imprisonment with fine of Rs. 25,000/-.

Circular No. 29/2013-Customs Dated: 5th August, 2013

August 5, 2013 1112 Views 0 comment Print

Board has received several representations regarding problems being faced in re-import of pets at airports. In this regard the undersigned is directed to inform that re-import of pets is not covered by Circular No. 15/2013 – Customs dated 08.04.2013. Therefore, it is clarified that re-import of pets as baggage is allowed subject to establishment of identity of pets by Customs authorities, production of the required health certificate from the country of export and examination of said pets by the concerned Quarantine Officer at this end.

Reassessment on the basis of subsequent decision cannot be said to be a mere change of opinion

August 4, 2013 2173 Views 0 comment Print

The assessment in the instant case was re-opened on the ground that the Special Bench of the Tribunal in the assessee’s own case for AY 2006-07 had reversed the earlier decision of the Tribunal in the assessee’s case for AY 2005-06 whereby the Special Bench held that the commission of Rs.1 .20 crores to the three Directors was in lieu of dividend and the same was not allowable as deduction under Section 36(1)(ii).

HC upholds long term capital gain exemption prior to set off of long term capital loss

August 4, 2013 1975 Views 0 comment Print

Issue- Whether while computing the capital gain, exemption available under the head Capital Gain should be given effect and then only the provisions for set off and carry forward of losses should be applied under the Act?

A provision is a liability which can be measured only by using a substantial degree of estimation

August 4, 2013 3656 Views 0 comment Print

The assessee’s contention is that the provision made towards the non performance guarantee is more in the nature of warranty. Thus, the company assured quality and performance and on any shortfall agreed for damages making provision based on the performance capacity

Despite Section 43(5) Exemption, Derivatives Loss Is Speculation Loss For Companies

August 4, 2013 19149 Views 0 comment Print

Did the Income Tax Appellate Tribunal (ITAT) fall into error in not holding that the loss of Rs. 4,92,71,000/- on account of derivative transaction was a speculative loss, and was entitled to the benefit of Section 73, in view of the Explanation to Section 73 of the Income Tax Act

Mere repetitive transactions in shares cannot ipso-facto make Assessee a trader

August 4, 2013 1288 Views 0 comment Print

The assessee has shown Long Term Capital gains during the year at Rs. 3888,313/- which has been accepted by the AO. If the AO was of the firm belief that the assessee is engaged in trading activities in the shares then it should not make any difference if the shares are held more than 12 months

Provision for premature encashment of 8% Savings (Taxable) Bonds, 2003

August 4, 2013 739 Views 0 comment Print

Premature encashment in respect of the Bonds shall be allowed for individual investors in the age group of 60 years and above, subject to submission of document relating to date of birth of the investor in support of age to the satisfaction of the bank, after minimum lock in period from the date of issue as indicated below:-

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