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MAT U/s. 115JB is payable even if Assessee is entitled to deduction U/s. 80-IB

January 29, 2013 15141 Views 0 comment Print

Section 115JB, in fact, in no way either denies the benefit given under Section 80-IB or reduces the same. While the appellant-assessee can claim the benefit under Section 80-IB of the Act and it is not denied per se to the appellant-assessee, in the given case, the provisions of Section 115JB may be attracted or may not be attracted depending upon the nature or legal composition of the assessee.

Public Notice No. 45 (RE-2012)/2009-14, Dated: 29.01.2013

January 29, 2013 340 Views 0 comment Print

Application for status recognition shall be filed with jurisdictional RA / Development Commissioner (DC). However, in cases where export performance of EOUs / SEZs is clubbed together with company /firm / Group Company in DTA, the same will be considered by jurisdictional RA of DGFT only. EHTPs and STPs shall file an application of Status Recognition with concerned jurisdictional RA.

If Assessee without challenging S. 14A computed disallowance, it cannot object to addition U/s. 14A

January 29, 2013 2413 Views 0 comment Print

The assessee had declared exempt income and on asking of the Assessing Officer, it had itself computed the disallowance amount of Rs. 4,83,414/- under Rule 8D of the Income Tax Rules and exactly the same very amount has been disallowed. In our opinion, once the assessee itself computed the disallowance, instead of challenging the very applicability of the provisions, we do not find any force in the cross objections preferred by the assessee. Consequently, we do not find any merit either in the appeal filed by the Revenue or Cross Objections at the behest of the assessee.

Cenvat credit is admissible on the basis of invoices issued by consignment agent

January 29, 2013 1069 Views 0 comment Print

In the case of Kushboo Plastics (P.) Ltd. v. CCE 2002 (149) ELT 694 (Tri.-Delhi), it was held that credit is admissible on the basis of invoices issued by the consignment agent who are registered as a dealer. Clarification issued by the Jaipur Commissionerate, which was based on the Chief Commissioner’s letter dated 26.5.2000 was taken into consideration.

Cenvat credit admissible on Dismantling service of existing structure for renovation

January 29, 2013 1598 Views 0 comment Print

Hence, the Cenvat credit is admissible to the appellant of the service tax paid by them on the service of ‘dismantling’ as the same is duly covered under the definition of input service.

Department appeal not valid if review committee not records its satisfaction for filing of appeal

January 29, 2013 844 Views 0 comment Print

We are of the view that there should be a meaningful consideration which should be reflected on the note sheets in order to comply with the requirement of Section 35(2) of the Act. In this case, the file does not show any such satisfaction or opinion having been recorded by the Committee of Commissioners. On this ground itself this appeals fails and is accordingly dismissed.

S. 54F do not differentiate between House in good or bad condition

January 29, 2013 2247 Views 0 comment Print

If Assessee Possess more than one house, it can result in denial of deduction under section 54F relief even if one of them is in bad condition.

Financial Inclusion of Urban Poor in India

January 29, 2013 1618 Views 0 comment Print

Though the Indian economy has witnessed tremendous growth lately, vast sections of our society have remained excluded from the India growth story due to various socio-economic factors. It is ironic that despite our cities seeing widespread affluence, large pockets of financial exclusion should exist right at the very heart of these cities.

Statement of RBI Governor on 3rd Quarter Review of Monetary Policy 2012-13

January 29, 2013 1150 Views 0 comment Print

Based on an assessment of the current macroeconomic situation, we have decided to reduce the policy repo rate under the liquidity adjustment facility (LAF) by 25 basis points from 8.0 per cent to 7.75 per cent.

RBI reduces Repo & Reverse Repo rate by 25 basis points

January 29, 2013 1664 Views 0 comment Print

As announced today by the Governor in the Third Quarter Review of the Monetary Policy 2012-13, it has been decided to reduce the Repo rate under the Liquidity Adjustment Facility (LAF) by 25 basis points from 8.00 per cent to 7.75 per cent with immediate effect.

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