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Archive: 2013

Posts in 2013

CPC adjusting demand below Rs. 100 against Income Tax Refunds

December 14, 2013 36362 Views 0 comment Print

All of us are aware that where the net amount payable is less than Rs. 100.00, intimation u/s 143(1) as well as the law mandates, the same is not required to be paid. Intimation in particular are very clear about this. Similarly refund of less than Rs. 100.00 is ignored by the Income Tax Department and is not Paid.

In case of Joint account only drawer of cheque liable for prosecution U/s. of N.I. Act : SC

December 14, 2013 7157 Views 0 comment Print

Under these circumstances, the appeal deserves to be allowed and process in Criminal Case No. 1171/SS/2009 pending before the Court of learned Metropolitan Magistrate 13th Court, Dadar, Mumbai deserves to be quashed, accordingly, quashed against the appellant herein. The appeal is allowed.

Profession Tax Notice to Companies Registered in Maharashtra

December 14, 2013 30706 Views 9 comments Print

As per the provisions of Maharashtra State Tax on Professions, Trades, callings and Employments Act 1975 (PT Act) an employer even having a single employee whose gross salary is above Rs.5000/- for any month of the year is liable to obtain Profession Tax Registration Certificate (PTRC) and pay the Profession Tax(PT).

CENVAT Credit of Duty Paid on Capital Goods

December 13, 2013 210589 Views 28 comments Print

CENVAT Credit is available on Capital goods used by manufacturer or service provider. Let us discuss the intricacies of CENVAT on capital goods which is most contentious issue nowadays.

Delhi VAT Dealers – Caution in Purchases against Tax Invoices

December 13, 2013 1883 Views 0 comment Print

Buy goods from a trusted seller who files return and thereby pays due tax collected from you. Mere 2B statement filing by selling dealer not sufficient – selling dealer needs to back it up with return.

No Disallowance u/s. 14A For Investment in shares made Out Of Commercial Expediency

December 13, 2013 1466 Views 0 comment Print

In this case only interest of Rs 2,96,731/- was paid on funds utilized for making investments on which exempted income was receivable. Further it was observed that in respect of investment of Rs. 6,07,775,000/- made in subsidiary companies , they are attributable to commercial expediency, because as per submission made by the assessee,

Rejection Order under VCES is appealable and Recent clarifications issued pertaining to VCES

December 13, 2013 2516 Views 0 comment Print

Whether the Order passed by Revenue under Service Tax Voluntary Compliance Encouragement Scheme, 2013 (VCES) is appealable? The High Court has held that the Order passed under the Scheme is appealable. It was held that VCES is part and parcel of Finance Act, 1994 by virtue of amendment made by the Finance Bill, 2013

Revision of the Code of Conduct for Ministers for both Union and State Governments

December 13, 2013 1992 Views 0 comment Print

The Cabinet has approved revision of the Code of Conduct for Ministers in the Government of India as well as the State Governments.  It is now proposed to include a new para in the Code of Conduct which will read as follows:             “2. After taking office, and so long as he/he remains in office, […]

Mere PAN Number or assessment particulars does not establish the identity of a person

December 13, 2013 2881 Views 0 comment Print

Mere production of PAN Number or assessment particulars does not establish the identity of a person. The identification of a person includes the place of work, the staff and the fact that it was actually carrying on business and further recognition of the said company/individual in the eyes of public.

Order of Tribunal ignoring and nor dealing with factual findings recorded by A.O. is perverse

December 13, 2013 1229 Views 0 comment Print

There are two types of cases. One in which the assessing officer carries out the exercise which is required in law and the other in which the assessing officer ‘sits back with folded hands’ till the assessee exhausts all the evidence or material in his possession and then comes forward to merely reject the same on the presumptions.

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