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Archive: 2013

Posts in 2013

TDS not deductible on sum paid to banks for utilization of credit card facilities

October 9, 2013 3726 Views 0 comment Print

The commission retained by the credit card company is therefore in the nature of normal bank charges and not in the nature of commission/brokerage for acting on behalf of the merchant establishment.

Mere CA certificate do not establish bonafide of Assessees claim

October 9, 2013 3253 Views 0 comment Print

Merely because the assessee complies with the statutory procedural requirement of filing the prescribed form and certificate of the Chartered Accountant, cannot absolve the assessee of its liability if the act or attempt in claiming the deduction was not bonafide.

SARFAESI Act Management Of NPA (Non Performing Assets) – Part IV

October 9, 2013 2174 Views 0 comment Print

In the final analysis a meticulous and methodical study on the impact of NPA accounts on the banking, the reasons for the creation of NPA and to find the ways to prevent accounts becoming NPA and a cure if an account turns out to be an NPA

Customs – Option to close cases of default in Export Obligation (EO)

October 9, 2013 3049 Views 0 comment Print

The amendments made by the Notification No. 46/2013-Customs provide that in a case of default in export obligation, when the duty on the goods is paid to regularize the default, the amount of interest paid by the importer shall not exceed the amount of duty if such regularization has been dealt in terms of said Public Notice of DGFT. No other change is involved.

e-KYC service launched by UIDAI is valid process for KYC verification

October 8, 2013 1985 Views 0 comment Print

In consultation with Unique Identification Authority of India (UIDAI) and the market participants, it has now been decided to accept e-KYC service launched by UIDAI also, as a valid process for KYC verification. The information containing relevant client details and photograph made available from UIDAI as a result of e-KYC process shall be treated as sufficient proof of Identity and Address of the client.

No penalty for mere non-quoting of PAN in TDS certificates

October 8, 2013 1577 Views 0 comment Print

The penalty under section 272B cannot be imposed merely because it is lawful to do so. It can be imposed for failure to perform statutory obligation. The imposition of penalty for failure to perform a statutory obligation is a matter of discretion of the authority to be exercised judicially

Denial of Service tax refund without specifying documents required from assessee is not valid

October 8, 2013 1478 Views 0 comment Print

The adjudicating authority shall give in writing details of the documents he requires from the appellant apart from the documents already supplied within seven days of receipt of this order and thereafter the appellant shall supply the documents within seven days and thereafter the adjudicating authority shall decide the claim of refund within fifteen days.

Disallowance U/s 14A/ Rule 8D on shares held as stock-in-trade

October 8, 2013 1962 Views 0 comment Print

Assessee-company is a dealer and trader in shares and securities. Its various business segments are: Futures & Options (F&O) in shares and securities, shares transactions in the cash and derivative markets, speculation business therein (the above classifications may bear some overlapping).

No upfront disbursal of Loan in in cases of incomplete/under-construction/green field housing projects.

October 8, 2013 1186 Views 0 comment Print

It has been observed that some banks have introduced certain innovative Housing Loan Schemes in association with developers/builders, e.g. upfront disbursal of sanctioned individual housing loans to the builders without linking the disbursals to various stages of construction of housing project,

Deduction U/s. 54F allowable even if construction is not complete if Assessee invests the amount within stipulated time

October 8, 2013 3477 Views 0 comment Print

Condition precedent for claiming benefit u/s 54F is the capital gain realized from the sale of capital asset should have been parted by the assessee and invested either in purchasing a residential house or in constructing a residential house.

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