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Government Declares a Holiday on Sunday – April 14, 2013

April 8, 2013 3350 Views 0 comment Print

It has been decided to declare Sunday, the 14th April 2013, as a Closed Holiday on account of the birthday of Dr. B.R. Ambedkar, for all Central Government Offices including Industrial Establishments throughout India.

No capital gain tax on revaluation of assets on conversion of firm into private limited company

April 8, 2013 7044 Views 0 comment Print

The hon’ble Ahmedabad Income-tax Appellate Tribunal in the case of Well Pack Packaging v. Deputy CIT reported at [2003] 78 TTJ (Ahd) 448 has held that revaluation of depreciable assets and conversion of a partnership firm into company does not lead to incidence of capital gain inasmuch as revaluation is made in the hands of the assessee by writing up the value of assets in the books. In view of the provisions of sections 575, 576 and 577 of the Companies Act, 1956, there is no transfer involved when a company got itself registered under Part IX of the Companies Act. In view of this, there is no question of applicability of the provision of section 45 or 50 or any other provisions of the Income-tax Act arise on conversion of a firm into company.

Cancellation of Trust Registration not valid for mere carrying of commercial activities

April 8, 2013 3714 Views 0 comment Print

From the fact that the income of the society comprised of receipts from the activity of letting out a kalyana mantapa owned by it on rent, fees received from the members on sale of liquor in the bar run by the assesse, it does not follow that the activities of the Assessee are not genuine or that the activities are not being carried out in accordance with the objects of the Assessee.

AO requires to restrict himself only to year before him for considering whether there is any violation of s. 72A(2)

April 8, 2013 1467 Views 0 comment Print

The other point considered by the authorities below marring the benefit u/s 72A(1) is that the assessee company failed to lead evidence that the amalgamation was to ensure the revival of the business of the amalgamating company. Objections of the AO in points nos. (iii) and (iv) of para 3 of this order about the violation of the conditions prescribed in Rule 9C are also related to this very aspect of the matter. The case of the AO is that the assessee failed to substantiate the steps taken by it to revive business of BTPU and further it did not satisfy the twin conditions as per rule 9C, being, achieving the stipulated level of production of at least fifty percent of the installed capacity of BTPU and furnishing certificate in Form no. 62.

Exit Order in respect of Saurashtra Kutch Stock Exchange Limited (SKSEL)

April 8, 2013 982 Views 0 comment Print

SEBI vide Circular dated May 30, 2012 had issued the Guidelines for exit of stock exchanges This contained details of the conditions for exit of de-recognised/non-operational stock exchanges interalia including treatment of assets of de-recognised exchanges and a facility of dissemination Board for companies listed exclusively on such exchanges, while taking care of the interest of Investors.

Procedure for updating demographic and contact details in TAN registration

April 7, 2013 4395 Views 0 comment Print

 Update of TAN registration details is allowed on successful logging to TAN account.  For updating the TAN registration details click on “Update Profile”. Under ‘update profile’ user can update demographic and contact details including e-mail ID (s) On successful update of TAN registration details, an alert e-mail is sent intimating updates have been successfully processed […]

Highlights of Tax Proposals- Delhi Vat Amendments in 2012-13

April 7, 2013 2448 Views 0 comment Print

1. As a major relief to small traders, the threshold limit for Registration under VAT has been proposed to be raised from Rs.  10 lakh to Rs. 20 lakh. 2. A new composition scheme is to come into effect from April 1, 2013, under which dealers would be allowed to pay a tax based on their […]

Dues of EPF, ESIC, etc., if deposited before due date of filing return, is allowable

April 7, 2013 4082 Views 0 comment Print

After considering the rival submissions and perusing the relevant material on record it is observed that the due date for filing the return of income by the assessee under section 139(1) for the relevant year is 30.11.2006. The AO has drawn a chart at page-4 of the assessment order showing the dates of actual deposits and due dates for the said contributions of EPF and ESIC.

Salary to Working partner cannot be restricted without justifying such move

April 7, 2013 1604 Views 0 comment Print

A perusal of the assessment order clearly shows that Smt. Madhumita Paul, had been summoned under section 131 of the Act and her statements have been recorded. It is shown in the statements recorded that Smt. Madhumita Paul did do work at the business premises of the assessee firm.

Undisputed Tenancy Right is Capital Asset & Amount Received on its Surrender is Assessable as Capital gain

April 7, 2013 3572 Views 0 comment Print

Assessee, in fact, was enjoying possession of the impugned property and for peaceful vacation thereof it had received the impugned amount which was described by both parties as amount paid for surrender of tenancy rights. The assessee had acquired the said right long back and the licensor to the assessee also had recognised the said right of the assessee.

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