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Archive: 2013

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Notification No. 16/2013-Customs (N.T.) Dated: 31/01/2013

January 31, 2013 742 Views 0 comment Print

In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise & Customs, being satisfied that it is necessary and expedient so to do, hereby

Amendment of Notification No. 61/1994-Custom(N.T.) dated 21/1/1994

January 31, 2013 517 Views 0 comment Print

In exercise of the powers conferred by clause (a) of sub-section (1) of section 7 of the Customs Act, 1962 (52 of 1962), the Central Government hereby makes the following further amendments in the notification of the

Addition on the on basis of allocation of indirect cost cannot be made to ALP if no actual expense been incurred

January 31, 2013 762 Views 0 comment Print

In initial years the assessee had lesser requirement of these spools as the business was in the process of being established and stabilized. The system of collecting these spools also had to be put in place and stabilized to ensure its supply on a sustained basis. The system adopted by the TPO to allocate indirect expenses on the basis of turnover in initial assessment years was not justified. There was nothing on record to suggest any indirect expenses for determining the ALP of export of spools. Accordingly, the Commissioner (Appeals) was not justified in restricting the addition to Rs. 5,07,651 as there was no element of indirect cost involved.

CBDT notifies Functions of electoral trusts & Audit Report Form No. 10BC

January 31, 2013 3214 Views 0 comment Print

Notification No. 8/2013 – Income Tax FORM NO. 10BC [See rule 17CA] Audit report under (sub-rule (12) of rule 17CA) of the Income-tax Rules, 1962, in the case of an electoral trust. Rule 17CA. Functions of electoral trusts. (1) The functions of an electoral trust referred to in section 13B shall be as provided in this rule.

Companies, whose employees or directors are involved in fraud, should not be accepted as comparable

January 31, 2013 1279 Views 0 comment Print

(d) Companies having super normal profit may have to be examined further to determine the reason for the extra ordinary profits. (e) Companies whose employee or directors are involved in fraud should not be accepted as the financial results are not reliable. (f) Companies having the turnover of less than Rs. one crore or more than Rs.200 crores should not be taken as comparables.

Consideration received for providing IT support services not taxable FTS under DTAA, if no technical knowhow was made available

January 31, 2013 3680 Views 0 comment Print

As per the agreement, assessee was responsible for updation of patches of the software and provision of backup and recovery services in respect of data stored on the centralised server. The responsibility of the assessee is to maintain and upkeep of the centralised server owned by it. Assessee has not imparted any technical know-how, skill, process or technical plan or design and hence, in view of Art 12(3)(g), the amount received by the assessee cannot be taxed in India.

To Claim deduction U/s. 80P Society has to file its return of Income

January 31, 2013 14181 Views 0 comment Print

It is settled principles of law that in order to avail benefits under the beneficial provision, the conditions provided by the legislature has to be complied with. Therefore, this Tribunal is of the considered opinion that in view of the mandatory provisions contained in section 139(1) r.w.s. 80A(5) of the Act it is mandatory for every cooperative society for claiming deduction u/s 80P to file the return of income and to make a claim of deduction u/s 80P of the Act in the return itself. In view of the above discussion, if the return was not filed either u/s 139(1) or 139(4) or in pursuance of notice issued u/s 142(1) or u/s 148, the taxpayer is not entitled for any deduction under section 80P of the Act.

Regarding Single Revolving Bank Guarantee for Different Transactions for Import of Silver or Gold or Platinum

January 31, 2013 954 Views 0 comment Print

The matter has been examined. The request of the Gem & Jewellery sector is to allow revolving use of the Bank Guarantee. After considering the representations from the trade & industry, it has been decided that the Bank Guarantee furnished by the importer can

Declaration of Intent for claiming Chapter 3 benefits of Foreign Trade Policy – regarding

January 31, 2013 2256 Views 0 comment Print

Declaration of Intent for claiming benefit under Chapter 3 of Foreign Trade Policy (FTP) was made mandatory for all categories of shipping bills through Public Notice No. 82 dated 16.8.2010. This stipulation was to take effect from 01.01.2011.

FTP – Corrections/Amendments in Handbook of Procedures Volume I

January 31, 2013 1033 Views 0 comment Print

ITC HS Codes of the certain items were re-notified vide DGFT Notification No.94 (RE-2008)/2004-2009 dated 02.03.2009. The corresponding entries in Appendix 37A and Appendix 37D were accordingly not modified.

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