Follow Us:

CBI arrests a superintendent and inspector of service tax department for accepting bribe

January 5, 2013 2748 Views 0 comment Print

The Central Bureau of Investigation has arrested a Superintendent and an Inspector of Service Tax, Department of Revenue (Ministry of Finance), CGO Complex, Lodhi Road, New Delhi for demanding and accepting a bribe of Rs.One Lakh from the Complainant.

CBDT Grants Exemption from TDS on the Payments of Certain Categories

January 5, 2013 22776 Views 0 comment Print

CBDT Grants Exemption from TDS on the Payments of Certain Categories to Mitigate Compliance Burden on Businesses Held by Individuals, Firms or Corporate Etc Who are Using the Financial Services Offered by Banks To mitigate compliance burden on businesses held by individuals, firms or corporate etc who are using the financial services offered by banks, […]

MAT payable on Loan admitted as income by the Assessee

January 5, 2013 1538 Views 0 comment Print

Whether this agreed addition is to be added while calculating book profit under section 115JB of the Act. Section 115JB provides that where in the case of an assessee being a Company, the income tax payable on total income as computed under this Act is less than 10% (applicable in the impugned Assessment Year) of its book profit, such book profit shall be deemed to be the total income of the assessee.

Disallowance U/s. 40A(2) is not required to be made for TP adjustments

January 5, 2013 4363 Views 0 comment Print

The Explanation to section 92(1) of the Act clarifies that the allowance for any expense or interest arising from an international transaction shall also be determined having regard to the ALP and therefore the disallowance is made under section 92(1) and not under section 40A(2) of the Act.

In the absence of finding by AO Regarding Mis-statement / Non Disclosure, penalty order not justified

January 5, 2013 2051 Views 0 comment Print

As per Explanation 7; no penalty is leviable if the assessee proves that the price charged or paid in such transaction was computed in accordance with the provisions contained in Sec. 92C and in the manner prescribed under section in good faith and with due diligence.

Whether assessee’s failure to get its accounts audited on ground that its entire income was exempt constitutes a reasonable cause?

January 5, 2013 3047 Views 0 comment Print

Having been served with a legal notice for the levy of penalty u/s. 271B, it was incumbent on the assessee to cause to comply with the provision, at least for the second year and, in any case, seek legal opinion in its respect. Rather, it could have, on its own, requested the AO not levy the penalty for that year (i.e., A.Y. 2006-07), explaining that the non-audit of its accounts u/s. 44AB stood caused only due to its ignorance of law,

Direct Tax Collections for April-December 2012-13 Up by 13.70 Percent

January 5, 2013 633 Views 0 comment Print

Net Direct Tax Collections Figures for April-December 2012-13 Up by 13.70 Percent at Rs. 3,68,322 Crore as Against Rs. 3,23,956 Crore in the Same Period Last Year Gross Direct Tax collections during April-December of the Financial Year 2012-13 was up by 8.01 percent and stood at Rs. 4,28,278 crore as against Rs. 3,96,530 crore in […]

No Tax payable by Canadian Company on fees for included services by virtue of article 12(5)(a) of DTAA

January 5, 2013 1727 Views 0 comment Print

In so far as the DTAA between India and Canada is concerned, it is observed that article 12(4) thereof gives the definition of the term fees for include services while article 12(5)(a) provides that notwithstanding the said definition given in article 12(4), fees for included services does not include amount paid for services that are ancillary and subsidiary as well as inextricably and essentially linked, to the sale of property.

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

January 5, 2013 960 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 2987 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.

Search Post by Date
June 2026
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930