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Archive: 2013

Posts in 2013

Delhi VAT – Due Date extended for Return for the period ending on 31st March 2013

April 25, 2013 6443 Views 0 comment Print

However, the tax due for the above mentioned period shall be deposited as per the provisions of Section 3(4) of the DVAT Act, 2004. Penalty and interest on late deposit of tax due shall be imposed as applicable.

No Transfer Pricing adjustments can be made if actual transaction price is within safe harbour limit of +/- 5%

April 25, 2013 1084 Views 0 comment Print

In the case of dredger Hector even though there is no dispute with reference to the examination of the international transactions in this year under the provisions of transfer pricing, while determining the ALP what is required to be considered is whether the price paid has any significant impact on the income. As submitted by assessee, the agreement was entered when the entities are independent and therefore, the price paid can be considered at arms length. Moreover, assessee also justified the price paid is within the permitted range of +/- 5% in both the cases, the fact of which was accepted by the CIT(A).

Advance booking period for train tickets reduced to 60 days

April 25, 2013 1787 Views 0 comment Print

Railways has reduced advance booking period from four months to two months from May 1 as part of its efforts to prevent touts from cornering bulk of tickets.

Carrying of passengers through ropeway not amount to Tour Operator’s services

April 25, 2013 2161 Views 0 comment Print

In this case appellant was allowed to operate the ropeway of Nagar Palika and such factual aspect called for testing by the Revenue Authorities with the provision of law under which the appellant was brought to tax. Section 65(105)(n) of the Act has taxing entry and meaning of the term Tour Operator is given by section 65(115) of the Act. Definition of Tour Operator” under section 65(115) states that any person engaged in the business, planning, scheduling, organizing or arranging tours by any mode of transport shall be Tour Operator.

TIN user who have registered on TRACES but not activated their account within 24 hours will have to register as new user

April 25, 2013 1828 Views 0 comment Print

TIN users who have registered on TRACES but not activated their account within 24 hours will have to register as new user. Click on  ‘Register as New User’ and select user as ‘Deductor’ to proceed.

No Disallowance U/s 14A if investment been made by assessee out of its own interest free funds

April 25, 2013 898 Views 0 comment Print

In the instant case the dividend earned on shares by the respondent assessee is from its investments in shares out of the respondent-assessee’s own funds. Consequently, the question of invoking Section 14A of the Income Tax Act,1961 to disallow expenditure would not arise.

No S. 40(a)(ia) Disallowance for non deduction of TDS on Salary Reimbursement to Sister concerns

April 25, 2013 1602 Views 0 comment Print

Respondent assessee was interalia engaged in the business of execution of contracts for erection and commissioning of plants. The Assessing officer disallowed an amount of Rs.16.86 lacs paid by way of reimbursement to sister concerns for payment of salaries to their employees as they were deputed to the respondent assessee. This was disallowed under Section 40(a)(ia) of the Income Tax Act, 1961 (the Act) for failure to deduct tax. In appeal, the CIT(A) upheld the order of the Assessing officer.

Compensation paid for termination of lease arrangement which was for expansion of business is allowable

April 25, 2013 3027 Views 0 comment Print

The factual matrix or the case is that the assessee had contracted with landlord to take a premise on lease for opening its branch though no formal agreement with the landlord was entered into. Based on the understanding, the landlord had started the construction of the premises as per the requirement of the assessee. Before the construction was completed the assessee came to know of the proposed construction of overbridge over the said property. The assessee was of the view that overbridge will cause hindrance to conduct the business and services.

Interest and penalty due of private limited company cannot be recovered from its Directors

April 25, 2013 1005 Views 0 comment Print

In case of Ratanlall Murarka and others (supra), as already noted, Kerala High Court did hold that under section 179 of the Act not only the tax dues but also interest can be recovered from the director of a public company. This was on the basis that according to the Court, the company was liable for interest under section 220(2) of the Act.

Deduction U/s. 80IB(10) allowable to Assessee on development of a housing project even if the land is not owned by him

April 25, 2013 1853 Views 0 comment Print

Issue pertains to deduction claim by the assessee under section 80IB(10) of the Act on development of a housing project. Revenue, however, holds a belief that the respondent-assessee had not developed the housing project on the ground that the land was not owned by the assessee. The Tribunal, however, held that as per the development agreement, the assessee had to incur and bear all expenses for development of the land. The assessee had the right to allot possession of the constructed units to the members of the housing project after developing the housing project. The Tribunal relied on the decision of this Court in the case of CIT v. Radhe Developers [2012] 341 ITR 403 in which this Court had upheld the decision of the Tribunal. In the result, Tax Appeal is dismissed.

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