As you are aware Service Tax Voluntary Compliance Encouragement Scheme, 2013 (STVCES), has been introduced by the Finance Act, 2013 to encourage and broaden the tax base in the Service Tax, wherein, the assessee having tax dues for the period beginning on or after 1.10.2007 and ending 31.12.2013 can declare the service tax liability to department on or before 31.12.2013.
The ICSI, functioning under the aegis of the Ministry of Corporate Affairs, has decided to move fully to the online registration from 1st January 2014. Earlier, the Institute had moved to online enrolment for examination from 1st October 2013.
In partial modification of the office order No. 4/2003 dated 28th August, 2003 and 26th October, 2009, the work distribution in the Foreign Tax and Tax Research (FT&TR) Division under the Central Board of Direct Taxes (CBDT) is revised as under:-
Notification No. 93/2013 – Income Tax In the Schedule to the said notification,— (a) the serial numbers 65 and 68 shall respectively be omitted; (b) the serial numbers 66,67,69 and 70 shall be renumbered as 65,66, 67 and 68 respectively; (c) against serial numbers 67 and 68 as so renumbered, in the entries under column (4), after the words “States of Gujarat”
In view of the agreement and various judicial pronouncements the hon’ble tribunal has held that there is a distinction between a case where the software is supplied along with hardware as part of the equipment and there is no separate sale of the software and a case where the software is sold separately. In the case, where the software is an integral part of the supply of equipment, the consideration for that is not assessable as “royalty”
We are aware that adopting a liberal view in condoning delay is one of the guiding principles in the realm of belated appeals, but liberal approach cannot be equated with a licence to file appeals at will-disregarding the time limits fixed by the statutes.
In consultation with RBI, after taking into account feedback from market participants and Stock Exchanges, it has been decided to permit stock exchanges to introduce cash settled Interest Rate Futures on 10-Year Government of India Security.
In view of above order and respectfully following the decision of Co-ordinate Bench of the Tribunal (supra), we decide Ground No.2 of the appeal in favour of assessee. Accordingly, we hold that the income arising from transaction in derivative by assessee(s), being sub-account FII cannot be treated as business profit or loss.
Section 132B(4) (b) deals with pre-assessment period and there is no conflict between this provision and Section 240 or for that matter 244 (A). The former deals with pre assessment period in the matters of search and seizure and the later deals with post assessment period as per the order in appeal.
Factually, we find that the onus cast upon the assessee has been discharged by giving a cogent and reliable explanation. Therefore, if the department did not agree with the explanation, then the onus was on the department to prove that there was concealment of particulars of income or furnishing inaccurate particulars of income.
