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Assessee eligible for deduction U/s. 80IB(10) on SRA project developed under scheme of State Government duly notified by CBDT

January 12, 2013 4963 Views 0 comment Print

Rigours of the conditions enumerated in clauses (a) and (b) of section 80-IB, has been relaxed by the legislature to achieve certain socio-economic object and, therefore, proviso to section 80-IB should be given a liberal interpretation so as to not to defeat a genuine claim for deduction by a developer who undertakes to develop a housing project in a slum area under the scheme approved by the Central or State Govt.

Reversal of Interest on NPA by NBFC to comply with RBI’s direction cannot be questioned

January 12, 2013 5943 Views 0 comment Print

Assessee secured a licence from the RBI under section 45-I of the RBI Act, to carry on the business of non-banking finance, including micro-finance services. There exists Prudential Norms, issued by the RBI. The assessee, being a licensed NBFC, it had to follow the directives of the RBI. It was in accordance therewith, as also in accordance with the Accounting standards issued by the ICAI, that the assessee derecognized the interest on NPAs.

CA Final & CPT Result Likely on 21st January, 2013

January 12, 2013 3672 Views 0 comment Print

Result of the Chartered Accountants Final Examination held in November, 2012 and Common Proficiency Test (CPT) held in December, 2012 are likely to be declared on Monday, the 21st January, 2013

AAR cannot be approached for a ruling only on a part of a transaction

January 12, 2013 1369 Views 0 comment Print

A ruling pronounced by this Authority is binding on the applicant, in respect of the transaction in relation to which the ruling has been sought and on the Commissioner and the income-tax authorities subordinate to him. The ruling is in respect of the applicant and the transaction involved.

Direct Sales Association/Agents (DSA) of Banks taxable under ‘Business Auxiliary Services’

January 12, 2013 13699 Views 2 comments Print

The terms and conditions of the relevant Agreements show that the appellant was, in fact, using their infrastructure, staff and expertise to market products of the Banks. In both the Agreements, the appellant was referred to as Direct Sales Association/Agent.

CLB Chairman cannot transfer a case from one Regional Bench to another

January 12, 2013 2471 Views 0 comment Print

A reading of Regulation 3 of the CLB Regulations makes it clear beyond any doubt that the Chairman of the CLB is empowered by the Board to constitute the Benches of the Board as per the composition of Benches prescribed under Section 10E (4B) of the Act.

Transfer Pricing Assessment without obtaining Assesses objections not valid

January 12, 2013 1400 Views 0 comment Print

It was incumbent on the AO to supply the information to the assessee, obtain its objections, if any, and pass order after taking into account the information and the objections of the assessee. This has not been done in respect of 20 comparables.

Loading / unloading within factory premises of client is not cargo handling service

January 12, 2013 6899 Views 0 comment Print

It is undisputed in this case that the respondent is providing services for loading & unloading within the premises of M/s. J.M. Baxi & Co. The judgment of the Hon’ble High Court of Jharkhand categorically has settled law in as much, that any services provided within the factory premises would not come under the definition of Cargo Handling Services

Method adopted by Assessee for determining ALP cannot be rejected without showing fallacies in method adopted by Assessee

January 12, 2013 1700 Views 0 comment Print

TPO has not assigned any valid reason for rejecting the method adopted by the assessee for the determination of ALP with its transaction with ODSI. Where an assessee has followed one of standard methods of determining ALP, such a method cannot be discarded in preference over transactional profit methods,

Tribunal may recall its order passed ex-party if Assessee gives sufficient reasons for the same

January 12, 2013 985 Views 0 comment Print

Clause (i) of sub-section (2) of section 36 of the Act itself provides that the claim for deduction as bad debt would not be allowed unless such debt or part thereof has been taken into account in computing the income of the assessee of the previous year in which the amount of such debt or part thereof is written off or of an earlier previous year.

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