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Prior to 1-4-2011 there was no requirement to maintain separate a/c for trading activities

January 6, 2013 1373 Views 0 comment Print

It is not in dispute that the Bangalore office of the company was a registered input service distributor and it distributed input services under cover of valid invoices to the various manufacturing units, eight in number, which were engaged in the manufacture of pharmaceutical formulations (dutiable final products).

Onus on revenue to prove that expense disallowed u/s. 40A(2)(b) were excessive or unreasonable

January 6, 2013 4587 Views 0 comment Print

It is not pointed out as to how the expenses incurred are excessive or unreasonable therefore, such expenditure can be disallowed by invoking the provisions of Section 40(A)(2) of the Act. In view of this matter, we do not find any infirmity into the order passed by Ld. CIT(A). Therefore the appeal filed by the Revenue is dismissed.

Addition U/s. 50C justified even in case of depreciable Asset if Assessee not challenges the value adopted by stamp valuation authority

January 6, 2013 1970 Views 0 comment Print

Sections 50 & 50C operate in two different fields and if the value adopted by the stamp valuation authority is accepted by the purchaser/seller there cannot be any variation for limited purposes of computing the consideration received, under section 50C of the Income Tax Act, 1961.

Chapter VI-A deduction admissible in computing undisclosed income or loss under block assessment

January 6, 2013 2881 Views 0 comment Print

Proviso to Clause (a) of Explanation under section 158BB of the Act for the purpose of determination of undisclosed income or loss of each previous year for the purpose of aggregation is to be taken as the total income or loss computed in accordance with the provisions of the Act without giving effect to set off or brought forward losses under Chapter VI or unabsorbed depreciation under sub-section (2) of Section 32 of the Act.

Salient Features of Companies Bill, 2012 on Corporate Social Responsibility (CSR)

January 6, 2013 4205 Views 0 comment Print

Every company having net worth of rupees five hundred crore or more, or turnover of rupees one thousand crore or more or a net profit of rupees five crore or more during any financial year shall constitute a Corporate Social Responsibility Committee of the Board consisting of three or more directors, out of which at least one director shall be an independent director.

MVAT- Fresh Hawala Dealer List includes 361 new dealer

January 6, 2013 6602 Views 0 comment Print

New 361 delaer has been added to Hawala List by VAT Department. We attached herewith updated list of Suspicious Dealers on 4th January 2013 totaling to 1915 nos Following dealer name excluded from the hawala dealer list.  27860101920V  -PUSHP HARI ELECTRICAL & ENGG. P LTD / Skysoft com. P. Ltd. VAT TIN Nos. of 7 […]

Unless the assessment has been disputed, no refund can be sanctioned

January 6, 2013 1604 Views 0 comment Print

Service provider, namely, M/s.Aban Offshore Ltd., has paid the impugned tax amount under the category of Mining Service without disputing the same. As pointed out by the learned JCDR, it is settled law that unless the assessment has been disputed, no refund can be sanctioned vide the Hon’ble Supreme Court’s decision in the cases of Flock (India) (P.) Ltd. (supra) and Priya Blue Industries Ltd. (supra).

For S. 80IB deduction each residential block is a distinct ‘housing project’

January 6, 2013 3541 Views 0 comment Print

Going by the definition of ‘housing project’ under section 80HHBA, to mean the construction of ‘any building’ and going by the deduction available under section 80-IB to be hundred per cent of the profits derived in the previous year relevant to the assessment year from such housing project complying with the condition, each block in the larger project by name ‘Agrini’ and ‘Vajra’, has to be taken as an independent building and hence a housing project,

DGCEI makes detection of Rs 300 Cr evasion; Also makes windfall gain of Rs 100 Cr

January 6, 2013 3226 Views 0 comment Print

During the current Financial Year (up to December, 2012), the Directorate General of Central Excise Intelligence, Ahmedabad Zonal Unit has detected Central Excise duty & Service Tax evasion to the tune of Rs.300.63 Crores and has recovered an amount of Rs.100.03 Crores on the spot voluntarily from various evaders of Central Excise duty as well as Service Tax.

Bona fide belief/Retrospective amendment in law doesn’t warrant invocation of extended period of limitation

January 6, 2013 2135 Views 0 comment Print

Where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded, the Central Excise Officer may, within one year from the relevant date, serve notice on the person chargeable with the service tax which has not been levied or paid or which has been short-levied or short-paid or the person to whom such tax refund has erroneously been made, requiring him to show cause why he should not pay the amount specified in the notice.

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