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Archive: 2013

Posts in 2013

CBI arrests JCIT from Thane in bribery case

December 27, 2013 1248 Views 0 comment Print

The Central Bureau of Investigation has arrested a Sanjeev Ghei, Joint Commissioner of Income Tax Range – 2, Thane (Maharashtra) for demanding & accepting a bribe of Rs.3.5 Lakh.

Defects in panchnamas not affect validity of search

December 27, 2013 5752 Views 0 comment Print

Assessment proceedings under section 153A of the Act are invalid as no panchnamas were drawn in the names of 22 petitioners. Another aspect of the said contention relating to validity of proceedings under Section 153A of the Act has been also raised.

S. (10(13A) ‘Salary’ does not include commission for Calculation of HRA

December 27, 2013 9544 Views 0 comment Print

Contribution to be made to the provident fund must be the proportionate amount of salary paid to the employees. Salary was a fixed monthly payment whereas the commission was not a fixed payment and could not be included within the scope and ambit of the term salary .

S. 10(13A) ‘Salary’ does not include bonus for Calculation of HRA

December 27, 2013 21322 Views 2 comments Print

Bonus cannot be regarded as falling within the scope of the expression salary as defined in Clause (h) of Rule 2. Clauses (b) and (c) of Rule 4 contain a clear indication that the expression salary takes in only periodical payments made by the employer to the employee during a year by way of remuneration.

Even in a composite contract, off-shore profits cannot be assessed by dept. without showing its attribution to PE

December 27, 2013 588 Views 0 comment Print

Being a resident of Korea, appellant is governed by the Income-tax Laws applicable to the class of assessees as that of the appellant as prevalent in Korea. Therefore, it has a tax identity in Korea. In addition thereto, appellant has submitted to the jurisdiction of Indian Taxing Authorities by furnishing return of income and, thereby, acknowledged that it has also a tax identity in India.

Once the TDS deducted, credit of the same to be given to assessees, irrespective of year to which it relates

December 27, 2013 10175 Views 0 comment Print

The brief facts of the case are that the assessee claimed credit for TDS of Rs.1,73,52,062/- for the AY 2006-07 and Rs.2,25,09,037/- in AY 2007- 08 which was not allowed by the AO on the ground that the income in respect of the said TDS was not shown by the assessee in view of the provisions

General Circular No. 20/2013, dated 27/12/2013

December 27, 2013 1080 Views 0 comment Print

shares held by a company or power exercisable by it in another company in a ‘fiduciary capacity’ shall not be counted for the purpose of determining the holding-subsidiary relationship in terms of the provision of section 2(87) of the Companies Act, 2013.

Few days left for Service Tax Amnesty Scheme (VCES)

December 27, 2013 3376 Views 0 comment Print

The countdown for Service Tax Voluntary Compliance Encouragement Scheme, 2013 (“VCES” or “the Scheme”) has begun and the last date is December 31, 2013. The Government has made a fair and generous offer, a one-time offer that is not likely to come your way for at least a couple of decades. Important highlights of VCES: […]

Delhi VAT – Effective date for furnishing of advance information in respect of functions

December 27, 2013 844 Views 0 comment Print

Delhi VAT – Effective date for furnishing of advance information in respect of functions organised in Banquet Halls, Farm Houses, Marriage/Party Halls, Hotels and Open Ground etc.

S. 80IA Option of choosing initial assessment year – ITAT distinguishes special bench judgment in case of Gold Mine Shares

December 27, 2013 2327 Views 0 comment Print

Sadbhav Engineering Ltd. vs. Dy. CIT (ITAT Ahemdabad)- In the instant case, the assessee claimed deduction u/s.80IA(4) of the Act for all the years which were disallowed by the AO on the ground that as per provisions of section 80IA(5) of the Act the computation of deduction has to be done by setting off of brought forward losses and depreciation of eligible business against their respective eligible incomes.

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