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Deduction u/s. 80IA not allowable on interest on Margin Money, I-T refund, employee’s loan

April 25, 2013 3740 Views 0 comment Print

On the question as to whether the assessee is entitled to deduction u/s 80IA of the Act on the net interest income on employees loans & advances, interest on margin money and interest income on dues towards income tax refund adjustment from Essar Project Ltd., we are of the opinion that the issue involved in the present case is no more res-integra and is covered by the decision of the Hon’ble Apex Court in the case of Liberty India (supra) wherein it has been held that duty drawback, DEPB benefits, rebates, etc., cannot be credited against the cost of manufacture of goods debited in the profit and loss account for purposes of section 80-IA/80-IB as such remissions (credits) would constitute independent source of income beyond the first degree nexus between profits and the industrial undertaking.

When Seized documents explains unexplained expenditure, no addition is warranted

April 25, 2013 3191 Views 0 comment Print

The brief facts leading to above issue are that assessee incurred undisclosed expenditure for furniture, fixture, flooring etc. incurred in respect of Flat No. 501, at 20 Lee Road, Kolkata for asst. yr. 2008-09. The said expenditure was found recorded in RM-1 and RM-2. The expenditure of Rs. 35 lakhs was incurred by the assessee in connection with purchase of furniture of director’s flat at 20 Lee Road on behalf of M/s Fort Projects (P) Ltd. It is pertinent to note that no such addition of Rs. 35 lakhs on account of undisclosed expenditure was made by AO in very first place and this will be clear from perusal of assessment order for asst. yr. 2008-09,

Notification No. 49/2013-Customs (N.T.) Dated: 25/04/2013

April 25, 2013 562 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 4 and sub-section (1) of section 5 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby appoints the Additional/Joint

Notification No. 48/2013-Customs (N.T.) Dated: 25/04/2013

April 25, 2013 700 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 4 and sub-section (1) of section 5 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby appoints the Additional/Joint

Delhi VAT – Due Date extended for Return for the period ending on 31st March 2013

April 25, 2013 6464 Views 0 comment Print

However, the tax due for the above mentioned period shall be deposited as per the provisions of Section 3(4) of the DVAT Act, 2004. Penalty and interest on late deposit of tax due shall be imposed as applicable.

No Transfer Pricing adjustments can be made if actual transaction price is within safe harbour limit of +/- 5%

April 25, 2013 1090 Views 0 comment Print

In the case of dredger Hector even though there is no dispute with reference to the examination of the international transactions in this year under the provisions of transfer pricing, while determining the ALP what is required to be considered is whether the price paid has any significant impact on the income. As submitted by assessee, the agreement was entered when the entities are independent and therefore, the price paid can be considered at arms length. Moreover, assessee also justified the price paid is within the permitted range of +/- 5% in both the cases, the fact of which was accepted by the CIT(A).

Advance booking period for train tickets reduced to 60 days

April 25, 2013 1790 Views 0 comment Print

Railways has reduced advance booking period from four months to two months from May 1 as part of its efforts to prevent touts from cornering bulk of tickets.

Carrying of passengers through ropeway not amount to Tour Operator’s services

April 25, 2013 2161 Views 0 comment Print

In this case appellant was allowed to operate the ropeway of Nagar Palika and such factual aspect called for testing by the Revenue Authorities with the provision of law under which the appellant was brought to tax. Section 65(105)(n) of the Act has taxing entry and meaning of the term Tour Operator is given by section 65(115) of the Act. Definition of Tour Operator” under section 65(115) states that any person engaged in the business, planning, scheduling, organizing or arranging tours by any mode of transport shall be Tour Operator.

TIN user who have registered on TRACES but not activated their account within 24 hours will have to register as new user

April 25, 2013 1843 Views 0 comment Print

TIN users who have registered on TRACES but not activated their account within 24 hours will have to register as new user. Click on  ‘Register as New User’ and select user as ‘Deductor’ to proceed.

No Disallowance U/s 14A if investment been made by assessee out of its own interest free funds

April 25, 2013 910 Views 0 comment Print

In the instant case the dividend earned on shares by the respondent assessee is from its investments in shares out of the respondent-assessee’s own funds. Consequently, the question of invoking Section 14A of the Income Tax Act,1961 to disallow expenditure would not arise.

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