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Service tax provisions in case of Raising of Lumpsum Rent & ST Bill

January 16, 2013 3736 Views 0 comment Print

We are a practicing CA firm. We are operating from one rented premises, which belongs to Wife of one of the partner? The Partner’s wife recently raised the bill for rent of 9 months i.e. from 1st April 2012 to 31st December 2012 as one bill on 31.12.2012. No Payment towards the rent been made till 31st December 2012. Now the firm wants to take the credit of Service tax on Rent against its service tax liability for the quarter ending on 31.12.2012. Please suggest.

Taxability and Salient Features of IRFC Tax Free Bonds

January 16, 2013 32981 Views 0 comment Print

The Bonds are issued in the form of tax-free, secured, redeemable, non-convertible bonds and the interest on the Bonds will not form part of the total income as per provisions u/s. 10 (15) (iv) (h) of I.T. Act, 1961

Payment of Advance Tax / TDS cannot tantamount to disclosure of total income – SC

January 16, 2013 2388 Views 0 comment Print

In the instant case, after the search was conducted on 23rd February 2006, it was found that for the assessment year 1995-96, the respondent-assessee had not filed its return of income by the due date. It is only when block assessment proceedings were initiated by the assessing officer, that the assessee filed its return for the said assessment year on 11th July, 1996 under Section 158BC of the Act, showing its total income as Rs.7,02,768/-.

Interest earned by a Club from FD placed with member banks not exempt on ‘mutuality’ ground – SC

January 16, 2013 4277 Views 0 comment Print

In the present case, the interest accrues on the surplus deposited by the club like in the case of any other deposit made by an account holder with the bank. For a receipt to be exempt on the principles of Mutuality, three conditions have to be satisfied.

Vehicle financier eligible for depreciation on vehicle not registered it its name – SC

January 16, 2013 3164 Views 0 comment Print

Moto Vehicle Act mandates that during the period of lease, the vehicle be registered, in the certificate of registration, in the name of the lessee and, on conclusion of the lease period, the vehicle be registered in the name of lessor as owner.

Supreme Court guidelines in relation to public interest litigations

January 15, 2013 6587 Views 0 comment Print

However, in an appropriate case, although the petitioner might have moved a Court in his private interest and for redressal of the personal grievances, the Court in furtherance of the public interest may treat it necessary to enquire into the state of affairs of the subject of litigation in the interest of justice.

Lease transaction is genuine if lessee has got right just to use the asset & have to return it back it on termination of lease

January 15, 2013 903 Views 0 comment Print

In the present case, the assessee had no right to transfer or alienate the machinery in any form, was obliged to re-deliver the equipment upon termination of lease agreement, was not to part with possession and not to make alteration in the equipments with the stipulation that additions would belong to the lessor; and the lessor was entitled to claim depreciation during the lease period. Looking to the explicit terms and stipulations, the findings of the AO about so-called “substantial” transfer of ownership though “apparent” non-transfer of title, in our view, could not have been countenanced and have rightly been reversed by the Appellate Authority.

Last Date for Physical Submission of Audit Report in Form 704 for F. Y. 2011-2012

January 15, 2013 6221 Views 0 comment Print

With reference to above, the dealers who are required to file audit report u/s 61 of MVAT Act, 2002 for the financial year 2011-2012, besides filing the audit report, should also furnish following documents. i. A statement of submission of Audit Report in the format given in the circular 27 T of 2009

Centralised Processing of Statements of Tax Deducted at Source Scheme, 2013

January 15, 2013 8578 Views 0 comment Print

Notification No. 3/2013 – Income Tax In exercise of the powers conferred by sub-section (2) of section 200A of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following scheme for centralised processing of statements of tax deducted at source, namely:-

Fresh notice is not necessary when reassessment is set aside for non-observance of natural justice

January 15, 2013 1564 Views 0 comment Print

Where the AAC set aside the reassessment on the only ground that the assessee was not afforded opportunity to put forward his case, but did not hold that the notice issued under section 148 was invalid, there would be no need for the ITO to issue a fresh notice to the assessee.

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