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Archive: 02 March 2014

Posts in 02 March 2014

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 24, 2024 7251 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 18, 2024 5202 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

HC Explains Distinction between hire purchase transactions and loan transactions

March 2, 2014 2768 Views 0 comment Print

It is undisputed that the vehicles were registered in the name of the respective customers. However, in the registration certificate a remark in terms of agreement was to be recorded to the effect that vehicle is held by the registered owner under a hire purchase agreement with the respondent assessee.

Addition u/s 68 can be made on account of share applicants’ lack of resources

March 2, 2014 5522 Views 0 comment Print

The share applicants’ lack of resources, the assessee’s position vis-à-vis share amounts received and its commercial condition all pointed to the amount received by it falling within the mischief of Section 68 as unexplained amounts. That the AO or ITAT chose to treat the amount, as bogus share capital, is a matter of inference which the Court would be loath to interfere with.

Types of credit facilities provided by banks

March 2, 2014 109158 Views 7 comments Print

Credit Facility is an agreement with bank that enables a person or organization to be taken credit or borrow money when it is needed. All types of credit facilities may broadly be classified into two groups on the basis of Funding – 1. Fund Base Credit  2. Non Fund Base Credit

How to know if Agricultural land is situated in urban area or rural area?

March 2, 2014 26535 Views 0 comment Print

Finance Act 2013 has changed the meaning of urban area in relation to agricultural land. The definition of urban area is reflected at 2 places in Income tax act. 1. Capital Asset. Where it says that agricultural land not situated in urban area is not a capital asset. Hence no capital gain can arise.

Quality & lavishness of construction is not incriminating material

March 2, 2014 2035 Views 0 comment Print

Agra ITAT in the case of ACIT Vs. Shri Yogendra Kumar Singhal has held that Quality & lavishness of construction is not incriminating material. Reference cannot be made to the Valuation Officer in the absence of incriminating material/document found during the course of search

Re-appreciation of seized material in subsequent proceedings by the AO is unjustified

March 2, 2014 1484 Views 0 comment Print

Hon’ble ITAT Agra in the case of ACIT V/s. Kalyani Chaturvedi held that Re-appreciation of seized material in subsequent proceedings by the AO is unjustified and quashed the Re-assessment Order. Hon’ble ITAT has held as under

Transfer of Cenvat credit on shifting of factory premises

March 2, 2014 10728 Views 0 comment Print

The unutilized balance of Cenvat credit in the books of accounts is eligible to be transferred to the new premises when the factory is shifted from one site to another., in terms of rule 10(1) of the Cenvat Credit Rules,2004 (hereafter referred to as CCRs,2004).However, audit objections are being raised against such transfers, where there are no stock of inputs ,capital goods or goods in process at the old site, relying on the sub-rule 3 of rule 10 of CCRs,2004.

S. 80-IB(10) – Limit on extent of commercial area applies only to projects approved after 01.04.2005

March 2, 2014 1472 Views 0 comment Print

Condition of limiting commercial establishment/shops to 2000 sq.ft, which has come into force w.e.f. 1.4.2005 would be applicable for the project approved on or after 1.4.2005 and where the approval of the project was prior to 31.3.2005, the amended provision would have no application for those projects.

Representation to Punjab Govt. on tax rate discrimination by Oil & Spices dealers

March 2, 2014 1379 Views 0 comment Print

On behalf of Oil & Spices dealers I have drafted the representation for withdrawal of notification No. S.O 17/P.A.8/2005/S.8/2014 dated 21.02.2014 which is effective from 01.03.2014 as this notification has not only enhanced the rate of tax rather created discrimination between the class of dealers who are dealing in similar goods and this notification is […]

CBDT Chairman emphasized on need for Transparency and humane approach

March 2, 2014 1084 Views 0 comment Print

CBDT Chairpersons Dr. Sudha Sharma’s Farewell Message Dated 28.02.2014 to members of the Aayakar Family and Work Accomplished by the TPL and FT&TR Divisions of CBDT as well as DGIT(Logistics) up to February 2014.

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