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Archive: 2013

Posts in 2013

In the absence of finding by AO Regarding Mis-statement / Non Disclosure, penalty order not justified

January 5, 2013 2036 Views 0 comment Print

As per Explanation 7; no penalty is leviable if the assessee proves that the price charged or paid in such transaction was computed in accordance with the provisions contained in Sec. 92C and in the manner prescribed under section in good faith and with due diligence.

What is acceptance of Service for the chargeability of Service Tax

January 5, 2013 1197 Views 0 comment Print

Recently, TRU has issued Circular No. 166/1/2013 dated January 1, 2013 which is summarised for your easy digest: This Circular is being issued upon representation made by life insurance companies that in terms of the practice followed, reminder notices/letters are being issued to the policy holders to pay renewal premiums. Such reminder notices only solicit […]

Whether assessee’s failure to get its accounts audited on ground that its entire income was exempt constitutes a reasonable cause?

January 5, 2013 3032 Views 0 comment Print

Having been served with a legal notice for the levy of penalty u/s. 271B, it was incumbent on the assessee to cause to comply with the provision, at least for the second year and, in any case, seek legal opinion in its respect. Rather, it could have, on its own, requested the AO not levy the penalty for that year (i.e., A.Y. 2006-07), explaining that the non-audit of its accounts u/s. 44AB stood caused only due to its ignorance of law,

Direct Tax Collections for April-December 2012-13 Up by 13.70 Percent

January 5, 2013 624 Views 0 comment Print

Net Direct Tax Collections Figures for April-December 2012-13 Up by 13.70 Percent at Rs. 3,68,322 Crore as Against Rs. 3,23,956 Crore in the Same Period Last Year Gross Direct Tax collections during April-December of the Financial Year 2012-13 was up by 8.01 percent and stood at Rs. 4,28,278 crore as against Rs. 3,96,530 crore in […]

No Tax payable by Canadian Company on fees for included services by virtue of article 12(5)(a) of DTAA

January 5, 2013 1709 Views 0 comment Print

In so far as the DTAA between India and Canada is concerned, it is observed that article 12(4) thereof gives the definition of the term fees for include services while article 12(5)(a) provides that notwithstanding the said definition given in article 12(4), fees for included services does not include amount paid for services that are ancillary and subsidiary as well as inextricably and essentially linked, to the sale of property.

Dutch Company not eligible for benefits under India-Netherlands treaty, if it charters a ship from a company domiciled in Iran

January 5, 2013 942 Views 0 comment Print

As stated earlier, the risk and liabilities undertaken by the charter M/s Puyvast, the Netherlands entity, is limited only to a situation where the tonnage carried by the vessel is less than 19500 tonnes. Therefore, the substantial freight beneficiary is the owner of the ship, the Iranian entity and in view of this, the conclusion of the revenue authorities that relief under DTAA is not allowable is justified

S. 10B Set-off of eligible unit’s loss against income of non-eligible unit during tax holiday period cannot be allowed

January 5, 2013 2981 Views 0 comment Print

During the period when the eligible unit enjoys exemption u/s.10B of the Act , if it suffers a loss then the same will be quarantined and carried forward to the assessment years immediately following the last of the assessment years for which the Assessee is entitled to claim exemption u/s.10B of the Act, for being set off in accordance with law as if it were any other loss to be dealt with in accordance with Sec.70 to 72 and 32(2) of the Act.

Press Release dated 4/1/2013

January 4, 2013 648 Views 0 comment Print

The Director General of Income Tax (System) as per powers assigned to it under clause (ii) of Para 14 read with clause (7) of Para 4 of the ‘Centralized Processing of Returns Scheme, 2011’, issued as per C B D T Notification No. SO 16(E) dated 4.1.2012, has decided to extend the time limit for filing ITR-V

Presumption as to validity of document wouldn’t discharge burden of proof cast on assessee U/s. 68, 69, 69A etc.

January 4, 2013 1192 Views 0 comment Print

We, next, consider the assessee’s argument that the document itself explains the source of the money with it (as on the relevant dates), so that the mandate of the section is satisfied, and no addition could be made. That is, the Department cannot take a contrary stand, accepting the document as true, yet overlooking the fact that the same itself clearly spells out the source of the money.

Delegation of Powers under sub-sections (3) and (4) of section 64 of MVAT Act , 2002-Asst. Comissioners (Issue Based Audit) and Other ACs

January 4, 2013 1363 Views 0 comment Print

Commissioner of Sales Tax, Maharashtra State, Mumbai is hereby pleased to delegate the powers and duties under sub-sections (3) and (4) of section 64 of the Maharashtra Value Added Tax Act, 2002 and rule 69 of the Maharashtra Value Added Tax Act, 2005, to the authorities holding any of the post specified in column (2), having the MAHAVIKAS code stated in column (3) of the SCHEDULE appended to this order :—

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