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Trade Mark is goods & Royalty received for use of it is liable to VAT

February 13, 2013 6742 Views 0 comment Print

The Kerala High Court upheld the demand of VAT by holding that Trade Mark is goods and Royalty received from franchisees for use of its trademark and for sharing business know-how is leviable to VAT.

New President & Vice President of ICAI for 2013-14

February 13, 2013 3154 Views 0 comment Print

CA. Subodh Kumar Agrawal, President, ICAI 2013-2014 A combination of erudition, foresight and professional excellence, CA. Subodh Kumar Agrawal has become the supreme torch-bearer of Indian accountancy profession as the President of Institute of Chartered Accountants of India (ICAI) for the year 2013-14. A fellow member of the ICAI with 24 years of standing, he […]

A close analysis of NFRA provisions in Cos Bill 2012

February 13, 2013 3667 Views 0 comment Print

National Financial Reporting Authority (NFRA) is a new authority to be established when the new Companies Act is passed, to provide for matters relating to accounting and auditing standards. The CA profession in India is having a hot debate about the powers and role of the proposed NFRA.

Testing services through machines are technical services, but cannot be taxed as FTS if human intervention is missing

February 13, 2013 11480 Views 0 comment Print

Coming to the facts of the present case, whether standard service provided at the Laboratory of PTL for the purpose of testing the equipments is done automatically by the machines or purely by human intervention. Assessee before the AO after drawing his attention to the flyer received from the PTL had categorically pointed out that the standard service provided by the PTL is without any human intervention.

Interest U/s. 234B & 234C payable on advance tax liability under MAT provisions

February 12, 2013 5604 Views 0 comment Print

Whether on the facts and in the circumstances of the case, the ITAT is correct in law in deleting the interest charged u/s 234B and 234C while computing income u/s115JB without appreciating the facts that the said section specifically state that all provision of the Act shall apply to the assessee being company mentioned in the said section and therefore section 115J of the Act is no more available for the assessee for delaying the payment of advance tax in view of the insertion of section 115JA 115JB in the Act.

Point of Taxation Rules, 2011 – Updated till 05.02.2013

February 12, 2013 7135 Views 0 comment Print

We are delighted to inform you that the Indirect Taxes Committee has come out with an “E-Handbook on Point of Taxation Rules, 2011”.  The electronic form of the Handbook increases its portability and allows you to access the same at any time and from any place convenient to you, thereby making it a ready referencer […]

Govt urges Tax Payers to disclose true income and pay Tax

February 12, 2013 3126 Views 0 comment Print

In the statement made by the Revenue Secretary to the media on 10th December 2012, he had stated that there is no advantage in suppressing the true income or avoiding paying income tax that is due because, sooner or later, the information available with the Income Tax Department will lead the department to the doors of such persons.

No penalty can be levied on admission of appeal by High Court

February 12, 2013 3980 Views 0 comment Print

Hon’ble Delhi High Court in the case of CIT vs. Liquid Investment Limited, I.T.A.No. 240/2009 vide its order dated 5.10.2010 has clearly held that where High Court has accepted substantial question of law u/s 260A, this itself shows that issue is debatable. Accordingly, no penalty was imposable u/s 271(1)(c) of the Income-tax Act, 1961.

Petition u/s. 397/398 cannot be dismissed for mere signature mismatch

February 12, 2013 4128 Views 0 comment Print

The documents have been perused. The CLB has noted the mismatching in the questioned and the admitted signatures yet on a perusal of the same and the submission of the learned counsel for the respondent which is to the effect that the signatures of a person do vary at different points of time which submission is not out of context.

Forfeited earnest money arising out of property sale agreement is not liable to tax

February 12, 2013 3470 Views 0 comment Print

It is not disputed that there was an agreement to sell between the assessee and M/s Shinestar Buildcon P Ltd. and in terms of the agreement the assessee received Rs. 18 crores as earnest money. Subsequently, the said earnest money was forfeited by the assessee and the same was claimed as capital receipt.

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