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Archive: 2013

Posts in 2013

Amendment in definition of Capital Asset – Agricultural Land

February 28, 2013 16724 Views 0 comment Print

The existing provisions contained in clause (14) of section 2 of the Income-tax Act define the term “capital asset” as property of any kind held by an assessee, whether or not connected with his business or profession. Certain categories of properties including agricultural land have been excluded from this definition. Sub-clause (iii) of clause (14) […]

Govt to enable online filing of Wealth Tax Returns

February 28, 2013 5422 Views 0 comment Print

Section 14 of the Wealth-tax Act provides for furnishing of return of net wealth as on the valuation date in the prescribed form and verified in the prescribed manner setting forth particulars of the net wealth and such other particulars as may be prescribed. Currently, certain documents, reports are required to be furnished along with the return of net wealth under the provisions of Wealth-tax Act read with the provisions of Wealth-tax Rules.

S. 80JJAA Deduction only to Indian Company deriving profits from manufacture of goods in its factory

February 28, 2013 7715 Views 0 comment Print

The existing provisions contained in section 80JJAA of the Income-tax Act provide for a deduction of an amount equal to thirty per cent of additional wages paid to the new regular workmen employed in any previous year by an Indian company in its industrial undertaking engaged in manufacture or production of article or thing. The […]

TRC necessary but not sufficient to claim DTAA benefit

February 28, 2013 4673 Views 0 comment Print

Submission of a tax residency certificate is a necessary but not sufficient condition for claiming DTAA benefit Section 90 of the Income Tax Act empowers the Central Government to enter into an agreement with the Government of any foreign country or specified territory outside India for the purpose of – (i) granting relief in respect […]

ROI filed without payment of S.A. tax to be treated as defective return

February 28, 2013 3584 Views 0 comment Print

The existing provisions contained in sub-section (9) of section 139 provide that where the Assessing Officer considers that the return of income furnished by the assessee is defective, he may intimate the defect to the assessee and give him an opportunity to rectify the defect within a period of fifteen days.

Exclusion of time in computing period of limitation for completion of assessments & reassessments

February 28, 2013 2399 Views 0 comment Print

The existing provisions of section 153, inter alia, provide the time limit for completion of assessment and reassessment of income by the Assessing Officer. Explanation to section 153 provides that certain periods specified therein shall be excluded while computing the period of limitation for the purposes of the said section. Under the existing provisions of […]

Penalty u/s. 271FA for non-filing of Annual Information Return

February 28, 2013 6527 Views 1 comment Print

Section 285BA mandates furnishing of annual information return by the specified persons in respect of specified transactions within the time prescribed under sub-section (2) thereof. Sub-section (5) of the section empowers the Assessing Officer to issue notice if the annual information return has not been furnished by the due date.

Modified GAAR to Come into effect from A.Y. 2016-17

February 28, 2013 4594 Views 0 comment Print

A number of representations were received against the provisions relating to GAAR. An Expert Committee was constituted by the Government with broad terms of reference including consultation with stakeholders and finalising the GAAR guidelines and a road map for implementation.

Taxability of immovable property received for inadequate consideration

February 28, 2013 20287 Views 0 comment Print

The existing provisions of sub clause (b) of clause (vii) of sub-section (2) of section 56 of the Income-tax Act, inter alia, provide that where any immovable property is received by an individual or HUF without consideration, the stamp duty value of which exceeds fifty thousand rupees, the stamp duty value of such property would be charged to tax in the hands of the individual or HUF as income from other sources.

Budget – Stamp Duty Rate Valuation applies to Builders in certain cases

February 28, 2013 4318 Views 0 comment Print

It is proposed to provide by inserting a new section 43CA that where the consideration for the transfer of an asset (other than capital asset), being land or building or both, is less than the stamp duty value, the value so adopted or assessed or assessable shall be deemed to be the full value of the consideration for the purposes of computing income under the head ‘Profits and gains of business of profession’

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