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Revenue may take steps to implement Order passed by CIT(A) despite non expiry of time to file Appeal with ITAT

March 12, 2013 1047 Views 0 comment Print

We do not find that the assessee is entitled to stay of recovery proceedings during the limitation period for the filing of the appeal. There is no deemed stay of liability after the enforceable order is passed by an authority under the statute. In view of the above, mere fact that the petitioner had time limit to file an appeal does not bar the revenue to execute the order passed.

‘Write-off’ of unrealized export bills – Export of Goods and Services – Simplification of procedure

March 12, 2013 4695 Views 0 comment Print

AD banks are advised to put in place a system under which their internal inspectors or auditors (including external auditors appointed by authorised dealers) should carry out random sample check / percentage check of write-off outstanding export bills.

India Budget 2013- Determining certainty on the Tax Residency Certificate

March 11, 2013 2609 Views 0 comment Print

The Finance Minister of India presented his last Union Budget 2013 (The Budget)amidst rough financial environment. The Budget proposals comein light of the current challenging economic scenario.It is clear that Indian economy is not insulated from the global slowdown. The Indian downtrend has forced the Finance Minister to recommend slew of fiscal/monetary measures to revive the economy.

Order passed without dealing with objections filed by the Assessee is not valid

March 11, 2013 2397 Views 0 comment Print

On going through the order dated 28.01.2013 we find that the same has been passed without any application of mind. To say the least, it is a cut-and-paste job. This is apparent from the fact that the paragraph 3 is merely a repetition of the provisions of section 147 and 148 of the said Act. Thereafter, paragraphs 4, 5 upto 5.6 comprise of quotations and extracts from Supreme Court and High Court decisions.

SEBI (Certification of Associated Persons In The Securities Markets) Regulations, 2007 – Obtainment Of Requisite Certification(S) By Associated Persons

March 11, 2013 1728 Views 0 comment Print

In terms of sub-regulation (1) of regulation 3 of the Securities and Exchange Board of India (Certification of Associated Persons in the Securities Markets) Regulations, 2007 (the Regulations), the Board may require, by notification, any category of associated persons as defined in the Regulations to obtain requisite certification(s).

Sec. 54B Capital gain on transfer of land used for agricultural purposes not to be charged in certain cases

March 11, 2013 12189 Views 15 comments Print

Extract Of Section 54B of Income Tax Act 1961 54B. (1) Subject to the provisions of sub-section (2), where the capital gain arises from the transfer of a capital asset being land which, in the two years immediately preceding the date on which the transfer took place, was being used by the assessee being an individual […]

Difference between Management and Those Charged With Governance (TCWG)

March 11, 2013 203227 Views 6 comments Print

For Accounting Professionals and Students it is very much of relevance to know the DIFFERENCE BETWEEN MANAGEMENT AND THOSE CHARGED WITH GOVERNANCE (TCWG) in relation to SA-260 (Communication of audit matters to those charged with governance) in Standards on Auditing.

DVAT Notification regarding submission of information in Form T-2

March 11, 2013 1487 Views 0 comment Print

In partial modification of Notification No. F.7(433)/Policy‑II/VAT/2012/1297-1307 dated 28.02.2013 I, Prashant Goyal, Commissioner, Value Added Tax, Government of National Capital Territory of Delhi, in exercise of the powers conferred on me by sub-section (1) read with sub-section (3) of section 70 of Delhi Value Added Tax Act, 2004

Reopening valid for Failure to disclose all material facts necessary for assessment

March 11, 2013 2166 Views 0 comment Print

In view of the fact that this pre-condition has not been satisfied, we feel that the impugned notice dated 07.03.2012 as also the order dated 31.05.2012 ought to be set-aside. It is ordered accordingly. All the proceedings pursuant to the notice dated 27.03.20 12 are quashed.

HC refer back the matter to ITAT as order was non speaking and without application of mind

March 10, 2013 1096 Views 0 comment Print

From perusal of the observation of the Tribunal, it is clear that the Tribunal has not decided as to for what reasons, the reasons given by the appellate authority ware found to be wrong and virtually it is a non-speaking order, deciding nothing.

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