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Archive: March, 2014

Posts in March, 2014

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

March 2, 2014 28962 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 2296 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 1811 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 11298 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 1766 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 1652 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 1441 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.

Registration / Amendment/ Cancellation under Punjab Value Added Tax Act, 2005

March 2, 2014 13899 Views 0 comment Print

 VAT system is to rationalize the tax burden and bring down in general the price level and to bring in simplicity and transparency in the tax structure thereby improving the tax compliances and eventually to ensure revenue growth and for that registration plays vital role and for obtaining the same certain documents and process is […]

Excessive delay in delivery of judgments may shaken the confidence of litigant in Judiciary

March 1, 2014 1906 Views 0 comment Print

Authorities under the Act are obliged to dispose of proceedings before them as expeditiously as possible after the conclusion of the hearing. This alone would ensure that all the submissions made by a party are considered in the order passed and ensure that the litigant also has a satisfaction

Upto 50% Refund if Confirmed Ticket is cancelled within 2 hours of departure of train

March 1, 2014 3171 Views 0 comment Print

According to the notified refund rules, passengers on a confirmed ticket can avail refund upto 50% of the fare provided the ticket is cancelled within 2 hours of the departure of the train.

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