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Only standard text books sold eligible were for ST exemption, not study materials provided as a part of service

January 24, 2013 2244 Views 0 comment Print

Notification No. 12/2003-ST dated 20-6-2003 excludes the value of the goods and materials sold by the service provider to the recipient of service, from the value of the taxable services. The said exclusion is subject to the condition that there is documentary proof specifically indicating the value of the said goods and materials.

Landmark ITAT Special Bench Verdict On Transfer Pricing Of advertisement, marketing & sales promotion expenses

January 24, 2013 2973 Views 0 comment Print

Transfer pricing adjustment in relation to advertisement, marketing and sales promotion expenses incurred by the assessee for creating or improving the marketing intangible for and on behalf of the foreign Associated Enterprises is permissible.

Depreciation on Building used by the Assessee allowable despite non registration in his name

January 24, 2013 3634 Views 0 comment Print

Having gone through the orders of the authorities below we find that the claim of the assessee that the building in question was purchased by it and was in use for the purpose of its business was not denied by the AO. The AO has disallowed the claimed depreciation only on the basis that the building was yet to be registered in the name of the assessee company.

Expenditure on corporate membership of club is revenue expenditure

January 24, 2013 10180 Views 0 comment Print

Expenditure should bring into existence an asset or an advantage for the enduring benefit of a trade. In the present case, the corporate membership of Rs.6 lacs was for a limited period of 5 years.

SEBI Guidelines on Identification of Beneficial Ownership

January 24, 2013 3006 Views 0 comment Print

SEBI Master Circular No. ISD/AML/3/2010 dated December 31, 2010 has mandated all registered intermediaries to obtain, as part of their Client Due Diligence policy, sufficient information from their clients in order to identify and verify the identity of persons who beneficially own or control the securities account.

Appeal not maintainable before HC if tax effect is less than Rs. 10 lakhs

January 23, 2013 711 Views 0 comment Print

We dismiss these two appeals as not tenable in view of value of the subject matter in each of the appeal being less than Rupees Ten Lakhs, but reserving liberty to the appellants to revive the appeals, in the event of their success before the Supreme Court in the Special Leave Petitions preferred by the revenue.

PVAT – e-Filing of VAT 15 to start from 23rd January 2013

January 23, 2013 3194 Views 0 comment Print

This is to inform all concerned that the e-Filing of VAT 15 for 3rd quarter of Financial Year 2012-13 is likely to start from 23rd January 2013. Sufficient time of 1 month would be provided to e-file VAT 15 for the above mentioned quarter.

Regarding increase in basic custom duty on all types of crude edible oil

January 23, 2013 469 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the

On winding up Company eligible for refund of amount deposited with stock exchange

January 23, 2013 1521 Views 0 comment Print

With the process of liquidation of the company already in progress, the scheme of Section 456 of the Act will have to be followed. The inevitable result would be that wherever any property of the company is available, the possession of such property would have to come to the PL appointed by the Court. Investors, who are before the Defaulters’ Committee, will now have the option of pursuing their claims before the OL in accordance with law. Consequently, the plea of NSEIL that its Defaulters’ Committee should be allowed to continue to be in possession and control of the deposits of Rs. 1.10 crores lying with it to the credit of the company cannot be countenanced.

Sec 50C Not Apply to Transfer of FSI & TDR

January 23, 2013 4021 Views 0 comment Print

In this case, the matter was not referred by the A.O. to the DVO. We, therefore, set aside the order of the Ld. CIT (A) and restore the issue of valuation to the file of the A.O. with the direction to refer the same to the DVO in the light of our above observations.

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