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Archive: 2013

Posts in 2013

ICSI – Verification of Photograph & Signature of Members

February 24, 2013 2071 Views 0 comment Print

Members of ICSI are requested to send the scanned images of the latest colored photograph for uploading/replacing on the website of the Institute for facilitating the online verification of Member’s Identity and also of the specimen signature. We would request you to kindly arrange to send the same at email-ID memberaddress@icsi.edu as per details given below:-

If assessee not contested demand on ground of invocation of extended period of limitation, penalty is leviable

February 23, 2013 1738 Views 0 comment Print

It is not in dispute that the show-cause notice invoked the extended period of limitation on the ground of suppression of facts with intent to avail undue CENVAT credit. The assessee did not choose to contest the demand on the ground of limitation, thereby virtually accepting the allegation of suppression. Their only grievance is against the penalty. The grounds for invoking the extended period of limitation are Indisputably identical to the grounds for invoking the section 11 AC. If that be so, where the demand has not been contested on the ground of limitation, it is not open to the assessee to oppose the section 11 AC penalty. In other words, where mens rea stands accepted in relation to the demand of duty, it has to be accepted by the assessee vis-a-vis the proposal for imposition of penalty under section 11AC. In the result, the penalty is unquestionable in this case.

Multiple Units in a Single Building Qualify as ‘Residential House’ for Section 54/54F Exemption

February 23, 2013 12658 Views 0 comment Print

CIT Vs. Gita Duggal – Section 54/54F uses the expression a residential house. The expression used is not a residential unit. There is nothing in these sections which require the residential house to be constructed in a particular manner. The only requirement is that it should be for the residential use and not for commercial use.

Centralized Processing Cell for TDS, CPC (TDS)

February 23, 2013 29598 Views 11 comments Print

FM to Dedicate Centralized Processing Cell for Tax Deducted at Source, CPC (TDS) Tomorrow The Union Finance Minister Shri P. Chidambaram, will dedicate the Centralized Processing Cell for Tax Deducted at Source, CPC (TDS) to the nation tomorrow. The CPC (TDS) will be situated at Aayakar Bhawan, Sector-3, Vaishali, Ghaziabad (UP). It will provide the […]

Expense specifically relatable to taxable income cannot be disallowed U/s. 14A & Rule 8D

February 23, 2013 2730 Views 0 comment Print

The appeal is, however, time barred by 24 days. The Assessing Officer has moved a petition seeking condonation of this delay. Having perused the said petition, and having heard rival contentions on the same, we are inclined to condone the delay as the delay seems to have been explained by a reasonable cause. Accordingly, we condone the delay and proceed to take up the matter on merits.

Merely making entry in books of account did not amount to provision of service

February 23, 2013 6331 Views 0 comment Print

Furthermore, reliance was also placed on the case of CST & STC v. Molex (India) Ltd. [2012] 18 taxmann.com 113 (Kar.), the Hon’ble High Court had held that supply of technical know-how cannot be taxed under “Consulting Engineering Service”. Therefore, the argument of Revenue to tax the supply of technical know-how under “Consulting Engineering service” was also rejected by the Hon’ble CESTAT.

S. 68 Onus on assessee to prove identity & creditworthiness of subscribers & genuineness of transactions

February 23, 2013 3866 Views 0 comment Print

A perusal of the order of the Tribunal shows that it has gone on the basis of the documents submitted by the assessee before the AO and has held that in the light of those documents, it can be said that the assessee has established the identity of the parties. It has further been observed that the report of the investigation wing cannot conclusively prove that the assessee’s own monies were brought back in the form of share application money. As noted in the earlier paragraph, it is not the burden of the AO to prove that connection.

Key features of RBI Guidelines for Licensing of New Banks in Private Sector

February 23, 2013 1795 Views 0 comment Print

(i) Eligible Promoters: Entities / groups in the private sector, entities in public sector and Non-Banking Financial Companies (NBFCs) shall be eligible to set up a bank through a wholly-owned Non-Operative Financial Holding Company (NOFHC).

Differential interest Rates on Home Loans

February 23, 2013 1886 Views 0 comment Print

Interest rates on advances have been de-regulated by the Reserve Bank of India (RBI). The banks determined their actual lending rates on loans and advances with reference to their Base Rate and by including such other customer specific changes as considered appropriate.  A statement is annexed.

Final RBI Guidelines for Licensing of New Banks in the Private Sector

February 23, 2013 1285 Views 0 comment Print

Preamble Over the last two decades, the Reserve Bank of India (RBI) licensed twelve banks in the private sector. This happened in two phases. Ten banks were licensed on the basis of guidelines issued in January 1993. The guidelines were revised in January 2001 based on the experience gained from the functioning of these banks, […]

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