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Archive: 2013

Posts in 2013

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

August 4, 2013 19131 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 1264 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 712 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:-

TP : Companies With Extreme Turnover Not to be included in Comparables

August 4, 2013 763 Views 0 comment Print

It is a common case that Satyam Computer Services Ltd. should not be taken into consideration. The tribunal for valid and good reasons has pointed out that Infosys Technologies Ltd. cannot be taken as a comparable in the present case.

Jurisdiction u/s 263 can be excercised if AO fails to inquire in respect of payments liable to TDS

August 4, 2013 610 Views 0 comment Print

AO has not made any discussion regarding the subjects raised by the Ld. CIT u/s. 263 and the AO has mechanically accepted what the assessee wanted him to accept without any application of mind or enquiry. Further, no evidence had been placed that the claim made by assessee was objectively

Subsidy given for operating an industry more profitably is revenue receipt & eligible for deduction u/s. 80-IB/80-IC

August 4, 2013 892 Views 0 comment Print

Liberty India (supra) was a case of non-operational subsidy inasmuch as the subsidy, provided in Liberty India (supra), did not relate to production; whereas the subsidies, in the present set of cases, are operational in nature inasmuch as the subsidies are related to the production

Procedure for availing the VCES scheme

August 3, 2013 8008 Views 0 comment Print

Service Tax Voluntary Compliance Encouragement Scheme, 2013 provides the service tax defaulters  with a golden opportunity to pay all  ‘tax dues’ from the period 01.10.2007 to 31.12.2012 without interest, penalty and other legal proceedings including prosecution.  For which such Assessees can Apply on or before 31.12.2013 in the prescribed format. Procedure for availing the VCES […]

CHA and C&F Services Rendered At Port Are Eligible Inputs To Exporter?

August 3, 2013 6170 Views 0 comment Print

Time and again a question arises as to whether input service includes services rendered for outward transportation up to place of removal, and the answer is positive. It was held in the case of Commissioner of Central Excise, Vadodara Vs Inox India Ltd., (CESTAT-Ahmedabad 2013, 35 taxmann.com 94) that the exporter respondent is eligible to avail cenvat credit on the service tax paid on CHA and C&F Agent services

Foreign citizens/NRIs can now pay PAN application fee in any currency using Credit /Debit Card

August 3, 2013 1640 Views 0 comment Print

As per information uploaded on NSDL website Facility for payment of PAN application fee in Indian Rupees & foreign currency by foreign citizens/NRIs using ‘Credit Card/Debit Card’ is now available for those applicants who apply PAN online. Foreign Citizen /NRI if If communication Address is within India can pay by any of the following methods […]

ICAI – Time limit for preferring an application by an examinee for inspection and/or certified copy of his evaluated answer books

August 3, 2013 1144 Views 0 comment Print

The time limit for preferring an application by an examinee for inspection and/or certified copy(ies) of his/her evaluated answer book(s), shall henceforth, be one month from the date of declaration of result of the respective examination;

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