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Archive: 2013

Posts in 2013

Form & mode of filling of Income Tax Return for AY 2013-14

May 12, 2013 5523 Views 0 comment Print

CA Pardeep Kumar Relevant Sections of Income Tax Act, 1961: 139(1), 139(3), 139(4A), 139(4B), 139(4C), 139(4D), 142(1), 148(1), 153A All Applicable Return Forms for A Y 2013-14: ITR – 1 (SAHAJ), ITR – 2, ITR – 3, ITR -4S (SUGAM), ITR – 4, ITR – 5, ITR – 6, ITR – 7 Filling of Income […]

Applicability of Transfer Pricing provisions to Specified Domestic Transactions

May 12, 2013 135635 Views 0 comment Print

Applicability of transfer pricing provisions was earlier limited to International Transactions only. With effect from 01.04.2013, the scope of Transfer Pricing provisions is extended to Specified Domestic Transactions and will accordingly be applicable from A.Y. 2013-14.

Mandatory e-filling of Audit report u/s. 44AB, 92E & 115JB

May 12, 2013 51818 Views 0 comment Print

Mandatory ELECTRONIC FILLING of Chartered Accountant’s report under section 44AB, 92E & 115JB of Income Tax Act, 1961 . Where an assessee is required to furnish a report of audit under section 44AB, 92E or 115JB, he shall furnish the same Electronically on or before the due date for furnishing the return of income under subsection (1) of section 139.

CENVAT credit written off on surrender of Excise Registration Certificate is allowable as deduction u/s 37

May 12, 2013 5932 Views 0 comment Print

In the light of the above decisions, once on identical facts, a view has already been taken in favour of the assessee on this issue, therefore respectfully following that view, we hereby hold that ld.CIT(A) has rightly allowed the claim. In the result, ground raised by the Revenue is hereby dismissed.

LBT – All about coffins & coffers

May 12, 2013 7049 Views 0 comment Print

Ashish Kedia It seems the arrogance of the government simply refuses to die! Inspite of being witness to one of the largest mass movements over the last 4-5 days by the business community in recent time, the government seems to be in no mood to show any empathy. Octroi taxes have a respectable antiquity, being […]

Condonation of Delay for Delayed Filing of Form 8 / Form 17 & Procedures

May 12, 2013 28198 Views 0 comment Print

Now condonation of delay for late filing of Form 8 and form 17 under the Companies Act, 1956, requires a petition to be filed with Regional Director, Ministry of Corporate Affairs and earlier the same was required to be made to Company Law Board. The procedure for making the petition for condonation of delay under Section 141 of the Companies Act, 1956 is given below.

FAQ on 'Business Responsibility Reports' to be submitted with Annual Reports of listed companies

May 11, 2013 4635 Views 0 comment Print

In the larger interest of public disclosure regarding steps taken by listed companies from Environmental, Social and Governance (“ESG”) perspective, SEBI had mandated inclusion of BR Reports as part of the Annual Reports of listed companies. As per the SEBI Circular dated August 13, 2012, it is mandatory for top 100 listed companies, based on […]

Foreign Currency Forward Contract Loss is not Speculation Loss

May 11, 2013 1616 Views 0 comment Print

Learned counsel for the Revenue stated that said decision of this Court was not carried in appeal on the ground that it involved tax effect lower than what is prescribed by the CBDT in circular dated 9.2.2011 permitting the Revenue to carry such appeal before the Supreme Court. Counsel for the Revenue was unable to point out any factual distinction between the two cases.

S. 40(a)(ia) TDS – Special Bench verdict in Merilyn Shipping does not lay down correct law

May 11, 2013 1207 Views 0 comment Print

All Tax Appeals are allowed. Decisions of the Tribunal under challenge are reversed. In the earlier portion of the judgment, we had recorded that the Tribunal in all cases had proceeded only on this short basis without addressing other issues. We, therefore, place all these matters back before the Tribunal for fresh consideration of other issues, if any, regarding disallowance under Section 40(a)(ia) of the Act. All appeals are disposed of accordingly.

No Penalty on addition based on decision not available at the time of filing ROI

May 11, 2013 814 Views 0 comment Print

The issue pertains to penalty under section 271(1)(c) of the Income Tax Act, 1961 (‘the Act’ for short). The revenue authorities had imposed penalty on the ground that deduction under section 80HHC of the Act was wrongly claimed. The Tribunal however, deleted such penalty. The Tribunal noted that tax liability against the assessee was confirmed on the basis of the decision of the Apex Court in the case of CIT v. Ravindranathan Nair, 295 ITR 228. The Tribunal noted that such decision was not available when the assessee filed the return. On such basis, the Tribunal was prompted to delete the penalty.

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