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5 Year jail term to ACIT in Bribery Case

December 24, 2012 2130 Views 0 comment Print

The Special Judge for CBI case, Mumbai has convicted Sh. Rajiv Kumar the then Assistant Commissioner, Income Tax Circle 27 (1) Piramal Chambers Lal Baugh, Mumbai in a bribery case and sentenced him to undergo five years rigorous imprisonment with fine of Rs. 30,000/-.

FICCI demands 30% income tax on income above Rs 20 lakh

December 24, 2012 9949 Views 0 comment Print

Industry body Ficci has demanded that the highest income tax rate of 30 per cent should be levied on income above Rs 20 lakh as against Rs 10 lakh currently from next fiscal to encourage consumption. This needs to be re-visited as the tax rate of 30.9 per cent (inclusive of education cess) on income of Rs 10 lakh and above casts a sizeable burden on the middle class,

Anti-dumping duty on the import of Phthalic Anhydride Korea RP, Taiwan and Israel

December 24, 2012 2715 Views 0 comment Print

Notification No. 58/2012-Customs (ADD) New Delhi, the 24th December, 2012 G.S.R. 924 (E). –WHEREAS  in the matter of Phthalic Anhydride (hereinafter referred to as the subject goods), falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Korea RP, Taiwan (Chinese Taipei) and […]

ICAI want members to encourage articled trainee(s) to undergo the GMCS-I & II

December 24, 2012 1460 Views 0 comment Print

The Council at its Special Meeting held on 2nd February, 2011 considered the recommendation of the Board of Studies that the General Management and Communication Skills (GMCS) Course should be undergone by the articled assistants twice during the period of their articled training as under:

Download PPT on Point of Taxation Rules

December 24, 2012 6624 Views 0 comment Print

Point of Taxation Rules -Is it determining the taxable event for levy of Service Tax (i.e. service deemed to be provided). RULE 2A – Date of payment.— For the purposes of these rules, date of payment shall be the earlier of the dates on which the payment is entered in the books of accounts or is credited to the bank account of the person liable to pay tax:

Penalty order quashed by HC as authorities up to ITAT level were not clear about facts

December 24, 2012 658 Views 0 comment Print

This Court has heard the counsel for the parties. Learned counsel for the assessee argued that having regard to the facts, the ultimate disallowance was on account of Section 170(1) which was not even reflected in the orders of the lower authorities, nor adverted to by the orders of the lower authorities as well as the Tribunal in either round of litigation, i.e. quantum and penalty. Such being the case, the upholding of the quantum proceedings by the Court could not have been the only basis for the imposing of the penalty.

Sachin Tendulkar Retires From One-Day Cricket

December 23, 2012 1517 Views 0 comment Print

India batsman Sachin Tendulkar has announced his retirement from one-day international cricket. The Board of Control for Cricket confirmed the 39-year-old, regarded as the world’s greatest living batsman, had decided to bring an end to his 50-over career after 463 one-day international caps. Tendulkar spoke to BCCI president Narainswamy Srinivasan before announcing the decision.

No tax deductible on Income Paid to non Resident Company if same not taxable in its hands in India

December 23, 2012 1508 Views 0 comment Print

Dresser Rand Company, USA was covered by Indo-US DTAA and as per Article 12(4) of the said Treaty, technical and consultancy services were not taxable in India and there was no obligation to deduct tax at source for the payment and such technical and consultancy services.

‘Force of attraction rule’ to tax income not directly connected to PE in India – ITAT

December 23, 2012 4479 Views 0 comment Print

‘Force of attraction rule’ as explained in Article 7(3) of India-UK DTAA – Where a permanent establishment takes an active part in negotiation, concluding or fulfilling contracts entered into by the enterprise, then, notwithstanding that other parts of the enterprise have also participated in those transactions, that proportion of profits of the enterprise arising out of these contracts

Liaison work is not Management Consultancy Service

December 23, 2012 10743 Views 0 comment Print

Liaison work is not in the nature of any consultancy or advice. But only one of the temporary functions that was required for the functioning of the company. If a person does the activity of collecting of debts of a company that person cannot be considered to be doing management consultancy service though debt collection is a responsibility of the management. Based on such reasoning liaison work cannot be considered as “Management or Business Consultancy” and cannot be taxed under section 65(105)(r) of Finance Act 1994.

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