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5 year Jail Term to then ACIT Rajiv Kumar in Bribery Case

January 1, 2013 3627 Views 0 comment Print

The Special Judge for CBI Cases, Mumbai has convicted Shri Rajiv Kumar, then Assistant Commissioner of Income Tax, Mumbai and sentenced him to undergo five years Rigorous Imprisonment with fine of Rs.30,000/- in a bribery case.

Appointment of ACIT as DCIT vide Notification No. 1/2013

January 1, 2013 2325 Views 0 comment Print

Notification No. 1/2013 – Income Tax The following Assistant Commissioner of Income Tax (Junior Scale) are hereby appointed to officiate as Deputy Commissioner of Income (Senior Time Scale) in the Pay Scale of Rs. 15,600-39,100 (Plus Grade Pay of Rs. 6,600/- in Pay Band-3) with effect. from the date(s) indicated against each:-

Tax on rent from letting of property & Furniture via inseparable contract

January 1, 2013 9553 Views 0 comment Print

Letting out of the plant, machinery or furniture and the premises constituted a single, composite and inseparable letting is based on the tests laid down by the constitution bench of the Supreme Court in the case of Sultan Bros. (P.) Ltd. (supra).

Income from supervisory services rendered in connection with commissioning of a power project is business income in terms of article 7 of Indo-German DTAA rws 44D & 115A

January 1, 2013 2977 Views 0 comment Print

There was neither any other contrary view nor the assessee brought on record any material controverting the findings of the Assessing Officer in this regard. Accordingly, the finding of the Assessing Officer that amount received by the assessee had to be taxed as business profits in terms of the provisions of Article 7 of the DTAA, read with section 44D and section 115A is confirmed and upheld.

Daily allowance paid to employees are similar to hotel expenses for disallowance u/s. 37(3A) to 37(3D)

December 31, 2012 900 Views 0 comment Print

A reading of the provision of section 37(3A) to (3D) indicates that where the expenditure or as the case may be, the aggregate expenditure incurred by an assessee on any one or more of the following; i.e. (i) advertisement, publicity, sales promotion (ii) running and maintenance of air craft and motor cars and (iii) payments made to hotels exceeds Rs. 1 lakh 20 per cent of such excess shall not be allowed as deduction in computing the income chargeable under the head ‘profits and gains of business or profession’.

Assessment of preceding years in search cases during election period

December 31, 2012 5006 Views 0 comment Print

Circular No. 10/2012-Income Tax As per provisions contained in section 153A and 153C of the Income Tax Act, 1961, the Assessing Officer is required to issue notice for assessing or reassessing the total income for six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted or requisition is made.

Public Notice No. 42 (RE-2012)/2009-14, Dated: 31.12.2012

December 31, 2012 691 Views 0 comment Print

In exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy 2009-2014, the Director General of Foreign Trade hereby makes the following amendments in the Handbook of Procedures (Vol. I) (Appendices and Aayat Niryat Forms) 2009-2014.

No TDS on specified Nature of payment to Scheduled Bank

December 31, 2012 15157 Views 0 comment Print

Income Tax Government hereby notifies that no deduction of tax under Chapter XVII of the said Act shall be made on the payments of the nature specified below, in case such payment is made by a person to a bank listed in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934), excluding a foreign bank, namely:-

Power to rectify a mistake u/s. 254(2) cannot be used for recalling entire order

December 31, 2012 438 Views 0 comment Print

The words used in s. 254(2) are ‘shall make such amendment, if the mistake is brought to its notice’. Clearly, if there is a mistake, then an amendment is required to be carried out in the original order to correct that particular mistake. The provision does not indicate that the Tribunal can recall the entire order and pass a fresh decision.

Notification No. 68/2012-Customs, Dated: 31.12.2012

December 31, 2012 4214 Views 0 comment Print

all goods, other than the goods specified in TABLE II, of the description specified in column (3) of the TABLE I here to annexed and falling under the Chapter, Heading, Sub-heading or Tariff item of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), and specified in the corresponding entry in column (2) of the said TABLE

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