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Every Search Panchnama Does Not Extend Limitation Period

December 6, 2012 2394 Views 0 comment Print

As already seen, merely because, more than one panchanama is drawn in the given case on one authorisation, one cannot construe that the subsequent and the last of the panchanama issued as one flowing out of the search as a last of the panchanama referrable to Explanation (2) to Section 1 58BE. Once the warrant of authorisation has been issued and the premises is searched and the search party leaves the premises,

No deduction U/s.10A if Assessee do not file ROI within the due date

December 6, 2012 4478 Views 0 comment Print

The Proviso to s. 10A(1A) provides that no deduction under this section shall be allowed to an assessee who does not furnish a return of his income on or before the due date specified u/s 139(1). The assessee’s argument that the said Proviso is merely directory and not mandatory is not acceptable.

Rajiv Gandhi Equity Savings Scheme, 2012

December 6, 2012 3000 Views 0 comment Print

As announced in the Union Budget 2012-13, the Finance Act 2012 has introduced a new section 80CCG on ‘Deduction in respect of investment made under an equity savings scheme‘ to give tax benefits to new investors who invest up to Rs. 50,000 and whose gross total annual income is less than or equal to Rs. 10 lakhs. SEBI CIRCULAR NO. MRD/DP/32/2012, DATED 6-12-2012

ALV of Property will be Nil if it was let out in earlier years but lying vacant in previous year

December 6, 2012 3822 Views 0 comment Print

It appears that there is a difference between the provisions of Section 23(1)(c) of the Act and those of Section 23(4) thereof. However, it is not so. As per Section 23(1)(c), if any part of the property was let out and was vacant during the year or any part thereof, and due to such vacancy, the annual rent received or receivable was less than the sum for which the property might reasonably be expected to let from year to year, the lesser of the two amounts, i.e., t

Penalty Justified for Failure to Explain source of Credit in the name of Partners

December 6, 2012 1093 Views 0 comment Print

A very heavy onus is placed on the assessee to explain the difference between the assessed income and returned income and the assessee in the instant case did not discharge the said onus. In the light of the discussion made above and conduct of the assessee, it is thus clear that all the material facts and particulars relating to the assessee’s computation of income were never disclosed by the assessee,

Rate of exchange of conversion of each of foreign currency WEF 07.12.2012

December 6, 2012 1571 Views 0 comment Print

Notification No. 108/2012-Customs (N.T.),  DATED THE 6th December, 2012 S.O. (E). – In exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and in super session of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.99/2012-CUSTOMS (N.T.), dated the 16th November, […]

Amendment of Minimum Wages Act

December 6, 2012 5901 Views 0 comment Print

As per the existing provisions of Minimum Wages Act, minimum wages are revised quinquennially in the Central Sphere. In order to protect the minimum wages against inflation, the Central Government introduced the idea of Variable Dearness Allowance (VDA) since 1989.

Effect of MAT on SEZ on Investors

December 6, 2012 1898 Views 0 comment Print

The provisions of Minimum Alternate Tax (MAT) have been made applicable to Special Economic Zone (SEZ) Developers and Units with effect from 1st April, 2012. The SEZ sector has seen a sharp slowdown due to a number of reasons including withdrawal of exemption from MAT and Dividend Distribution Tax (DDT) provisions, uncertain fiscal regime for SEZs, global slowdown in exports etc.

Sebi notifies Rajiv Gandhi Equity Savings Scheme norms

December 6, 2012 3219 Views 0 comment Print

Under the scheme, announced in the 2012-13 Union Budget, new investors can avail tax benefits who invest up to Rs. 50,000 in the stock market and whose gross total annual income is less than or equal to Rs. 10 lakh. The scheme was notified by the Department of Revenue, Finance Ministry on November 23 this year.

Delay of 1529 days in filing cross objections due to oversight cannot be condoned

December 6, 2012 3113 Views 0 comment Print

There is no dispute on the fact of delay of 1529 days as well as on non-furnishing of any affidavit by the Counsels affirming that assessee had a conference with the Counsels which give raise to the necessity of filing the impugned cross objections. Further, there is no explanation as to why and under what circumstances, the assessee approached the Counsels on 26-12-2008 only and not within 30 days from the receipt of the notice.

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