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Dutch Company not eligible for benefits under India-Netherlands treaty, if it charters a ship from a company domiciled in Iran

January 5, 2013 759 Views 0 comment Print

As stated earlier, the risk and liabilities undertaken by the charter M/s Puyvast, the Netherlands entity, is limited only to a situation where the tonnage carried by the vessel is less than 19500 tonnes. Therefore, the substantial freight beneficiary is the owner of the ship, the Iranian entity and in view of this, the conclusion of the revenue authorities that relief under DTAA is not allowable is justified

S. 10B Set-off of eligible unit’s loss against income of non-eligible unit during tax holiday period cannot be allowed

January 5, 2013 2798 Views 0 comment Print

During the period when the eligible unit enjoys exemption u/s.10B of the Act , if it suffers a loss then the same will be quarantined and carried forward to the assessment years immediately following the last of the assessment years for which the Assessee is entitled to claim exemption u/s.10B of the Act, for being set off in accordance with law as if it were any other loss to be dealt with in accordance with Sec.70 to 72 and 32(2) of the Act.

Press Release dated 4/1/2013

January 4, 2013 507 Views 0 comment Print

The Director General of Income Tax (System) as per powers assigned to it under clause (ii) of Para 14 read with clause (7) of Para 4 of the ‘Centralized Processing of Returns Scheme, 2011’, issued as per C B D T Notification No. SO 16(E) dated 4.1.2012, has decided to extend the time limit for filing ITR-V

Presumption as to validity of document wouldn’t discharge burden of proof cast on assessee U/s. 68, 69, 69A etc.

January 4, 2013 886 Views 0 comment Print

We, next, consider the assessee’s argument that the document itself explains the source of the money with it (as on the relevant dates), so that the mandate of the section is satisfied, and no addition could be made. That is, the Department cannot take a contrary stand, accepting the document as true, yet overlooking the fact that the same itself clearly spells out the source of the money.

Delegation of Powers under sub-sections (3) and (4) of section 64 of MVAT Act , 2002-Asst. Comissioners (Issue Based Audit) and Other ACs

January 4, 2013 1189 Views 0 comment Print

Commissioner of Sales Tax, Maharashtra State, Mumbai is hereby pleased to delegate the powers and duties under sub-sections (3) and (4) of section 64 of the Maharashtra Value Added Tax Act, 2002 and rule 69 of the Maharashtra Value Added Tax Act, 2005, to the authorities holding any of the post specified in column (2), having the MAHAVIKAS code stated in column (3) of the SCHEDULE appended to this order :—

Payment of Cash Salary Exceeding Rs. 20000 not allowable U/s. 40A(3)

January 4, 2013 11737 Views 0 comment Print

It will be relevant to record that the primary objection noticed by the assessing authority while serving notice upon the assessee as provided U/s 148 of the Act, 1961 was in regard to dis-allowance of salary of Rs.1,50,000/- to the Managing Director of the assessee company on 30th March, 2002 in cash and Rs.5 Lacs towards advance salary for the assessment year 2002-03 in cash on 10.04.2002 and since it was payment of salary in cash exceeding Rs.20,000/-, the above expenses were dis-allowable as provided U/s 40A(3) of the Act, 1961.

SEBI – Intermediaries may verify QFI’s PAN from IT website instead of verification from physical card

January 4, 2013 871 Views 0 comment Print

2. With a view to bring about operational flexibility and in order to ease the PAN verification process, the intermediaries may verify the PAN of their clients online at the Income Tax website without insisting on the original PAN card, provided that the client has presented a document for Proof of Identity other than the PAN card.

SEBI issues Consultative Paper on review of Corporate Governance norms in India

January 4, 2013 727 Views 0 comment Print

SEBI has, today, placed a consultative paper on the SEBI website on ‘Review of Corporate Governance Norms in India’. Comments on the discussion paper have been solicited on or before January 31, 2013.

As per AS -19 Advance for lease should be recognized proportionately over the period of lease

January 4, 2013 3444 Views 0 comment Print

Tribunal has on examination of the agreement dated 30-4-2003 entered into between ‘R’ and the assessee concluded that ‘R’ in terms of the agreement had only a right to use the network during the tenure of the 20 year agreement. Further, that the agreement was liable to be terminated at the sole discretion of ‘R’ and, consequently, the amount received as advance for 20-year lease period would have to be returned on such termination for the balance un-utilized period.

e-filed returns in CPC can be viewed in AST – reg

January 4, 2013 4511 Views 0 comment Print

In one of our Pilot Projects it was bought to our notice by the field formations that the e-filed returns were not visible to the concerned assessing officers.The matter was taken up with DGIT (Systems) who has informed that the following information can be accessed on the system by the AO with regard to e-filed returns of his/her jurisdiction (ward/ circle):-

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