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3 Years Jail to Excise Superintendent from Thane

April 10, 2013 1171 Views 0 comment Print

THREE YEARS RIGOROUS IMPRISONMENT TO THEN SUPERINTENDENT OF CENTRAL EXCISE IN A BRIBERY CASE             The Special Judge for CBI, Mumbai has convicted Shri Vilas Prabhakar Narkar, then Superintendent (Preventive) Central Excise, Thane-I Commissionerate Dadar, Mumbai and sentenced him to undergo three years Rigorous Imprisonment with fine of Rs. 10,000/- in a bribery case.

Regarding anti-dumping duty on imports of ‘Sulphur Black’ from China

April 10, 2013 769 Views 0 comment Print

seeks to extend the levy of anti-dumping duty imposed vide notification No. 127/2008-Customs, dated the 3rd December, 2008 on imports of ‘Sulphur Black’, originating in, or exported from, People’s Republic of China for a further period of one year i.e. upto and inclusive of 10th April, 2014

Regarding anti-dumping duty on imports of ‘Sodium Nitrite’ from European Union

April 10, 2013 790 Views 0 comment Print

Whereas, the designated authority vide notification No. 15/1009/2012-DGAD, dated the 23 rd March, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 23 rd March, 2013, has initiated review

Retrospective amendments of sections 9 and 2(47) of I.T.Act, 1961–Judgement of AP High Court

April 9, 2013 864 Views 0 comment Print

In this case, the Hon. AP High Court has, inter alia, held that the retrospective amendments to the Income-Tax Act, 1961 (the Act), vide the Finance Act, 2012, have no impact on the interpretation of the DTAA and the transaction in issue falls within Article 14(5) of the DTAA between India and France and the tax resulting there from is allocated exclusively to France.

How CA can file Income Tax Return / Audit Report for his clients

April 9, 2013 41751 Views 2 comments Print

Can a Chartered Accountant (CA) file Income Tax Return on behalf of the Company? Answer:  No. The person authorized by the company to file the Income Tax Return, can e-File the Income Tax Return of the company. Can a Chartered Accountant (CA) file Income Tax Forms like Audit Forms on behalf of the taxpayer? Answer: […]

ITR – Applicability, Due Date, Mode, Mandatory Fields

April 9, 2013 4487 Views 0 comment Print

Is it mandatory for certain classes of assessees to submit the Income tax returns electronically for AY 11-12 onwards? Answer: Yes. e-Filing of Returns/Forms is mandatory for : Individual/ HUF having total income of Rupees 10 Lakhs and above for AY 2012-13 and subsequent Assessment years. Individual/ HUF, being resident, having assets located outside India […]

FAQ on How to Register on Income Tax e-filing website & upload ITR

April 9, 2013 9222 Views 1 comment Print

What are the steps in brief to upload the Income Tax Return on this website? Visit ITD e-filing website https:\incometaxindiaefiling.gov.in. On homepage, GO TO ‘Downloads’ section and select applicable Income Tax Return Form of the relevant Assessment Year OR Login to e-Filing application and GO TO ‘Downloads’→’Income Tax Return Forms’ and select applicable Income Tax Return Form of the relevant Assessment Year. Download the excel utility of the Income Tax Return (ITR).

Unless specifically mentioned in treaty withholding tax rate not to include cess and surcharge

April 9, 2013 1282 Views 0 comment Print

In respect of a taxpayer to whom the double taxation avoidance agreement applies, the provisions of the Indian Income-tax Act shall apply to the extent they are more beneficial to that taxpayer. In other words, if the provisions of DTAA are more beneficial to the taxpayer, then the provisions of DTAA would prevail over the Indian Income-tax Act. Since the DTAA is silent about the surcharge and education cess for the purpose of deduction of tax at source, this Tribunal is of the considered opinion that the taxpayer may take advantage of that provision in the DTAA for deduction of tax. The CIT(A) has only deleted the tax component to the extent of surcharge and education cess at the rate applicable under the DTAA. Therefore, this Tribunal do not find any infirmity in the orders of lower authority. Accordingly the same are confirmed.

S. 10(38) Sale of land through sale of shares by company holding only land is valid

April 9, 2013 14602 Views 0 comment Print

Bhoruka Steel Limited (BSL) was incorporated in the year 1969. The company became a sick industrial company within the meaning of SICA.It was proposed that 30 acres of land along with building and structure to be disposed of.

No penalty for wrong claim of depreciation , if claim was bona fide

April 9, 2013 2023 Views 0 comment Print

In the present case, the AO had levied penalty under s. 271(1)(c) of the Act, for furnishing inaccurate particulars of income. It is not under dispute that the assessee had claimed wrong depreciation on account of additions made in the machinery and factory building accounts, which has been surrendered by the assessee to buy peace of mind. The explanation had been submitted during the assessment proceedings as well as in the penalty proceedings.

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