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Archive: 27 December 2013

Posts in 27 December 2013

Amendment to Schedule ‘A’ of MVAT Act, 2002. Addition of new entry 63 Motor Vehicles for handicapped

December 27, 2013 565 Views 2 comments Print

In exercise of the powers conferred by sub-section (1) of section 9 of the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005), the Government of Maharashtra hereby amend the SCHEDULE A appended to the said Act, as follows, namely.

Addition made by AO of notional interest which was not in existence is not correct

December 27, 2013 1953 Views 0 comment Print

If the assessee had not bargained for interest, or had not collected interest, we fail to see how the income-tax authorities can fix a notional interest as due, or collected by the assessee. Our attention has not been invited to any provision of the Income-tax Act empowering the income-tax authorities to include in the income interest which was not due or not collected

Notification No. 132/2013-Customs (N.T.) Dated: 27/12/2013

December 27, 2013 373 Views 0 comment Print

In pursuance of sub-rule (1) of rule 11 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997, the Central Government hereby extends the period upto 21st March, 2014 for

CBDT approves Aadhaar Card as valid identity, address proof for issuing PAN

December 27, 2013 2289 Views 0 comment Print

The Income Tax Department will now accept Aadhaar Card as proof of identity and address for issuance of Permanent Account Number (PAN). The Central Board of Direct Taxes (CBDT) has issued NOTIFICATION NO. 96/2013 Dated: December 23, 2013 expanding the list of documents admissible as proof of identity and address by including Aadhaar Card.

CBI arrests JCIT from Thane in bribery case

December 27, 2013 972 Views 0 comment Print

The Central Bureau of Investigation has arrested a Sanjeev Ghei, Joint Commissioner of Income Tax Range – 2, Thane (Maharashtra) for demanding & accepting a bribe of Rs.3.5 Lakh.

Defects in panchnamas not affect validity of search

December 27, 2013 4582 Views 0 comment Print

Assessment proceedings under section 153A of the Act are invalid as no panchnamas were drawn in the names of 22 petitioners. Another aspect of the said contention relating to validity of proceedings under Section 153A of the Act has been also raised.

S. (10(13A) ‘Salary’ does not include commission for Calculation of HRA

December 27, 2013 8710 Views 0 comment Print

Contribution to be made to the provident fund must be the proportionate amount of salary paid to the employees. Salary was a fixed monthly payment whereas the commission was not a fixed payment and could not be included within the scope and ambit of the term salary .

S. 10(13A) ‘Salary’ does not include bonus for Calculation of HRA

December 27, 2013 19615 Views 2 comments Print

Bonus cannot be regarded as falling within the scope of the expression salary as defined in Clause (h) of Rule 2. Clauses (b) and (c) of Rule 4 contain a clear indication that the expression salary takes in only periodical payments made by the employer to the employee during a year by way of remuneration.

Even in a composite contract, off-shore profits cannot be assessed by dept. without showing its attribution to PE

December 27, 2013 384 Views 0 comment Print

Being a resident of Korea, appellant is governed by the Income-tax Laws applicable to the class of assessees as that of the appellant as prevalent in Korea. Therefore, it has a tax identity in Korea. In addition thereto, appellant has submitted to the jurisdiction of Indian Taxing Authorities by furnishing return of income and, thereby, acknowledged that it has also a tax identity in India.

Once the TDS deducted, credit of the same to be given to assessees, irrespective of year to which it relates

December 27, 2013 9209 Views 0 comment Print

The brief facts of the case are that the assessee claimed credit for TDS of Rs.1,73,52,062/- for the AY 2006-07 and Rs.2,25,09,037/- in AY 2007- 08 which was not allowed by the AO on the ground that the income in respect of the said TDS was not shown by the assessee in view of the provisions

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