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Govt. Justifies reduction in Commission to Small saving Scheme Agents

December 13, 2012 1802 Views 0 comment Print

The recommendation of Shyamala Gopinath Committee regarding agents’ commission was to reduce commission of 0.5% on Senior Citizens Saving Scheme (SCSS) and 1% on Public Provident Fund (PPF) to zero, reduce 4% commission under Mahila Pradhan Kshetriya Bachat Yojana (MPKBY) to 1% in a phased manner and to reduce 1% commission for all other schemes under Standardised Agency System (SAS) to 0.5%.

Office Order dated 13/12/2012

December 13, 2012 486 Views 0 comment Print

Advocates/Chartered Accountant/Authorized Representative and assessees are hereby informed that in case of E-Payment of Tribunal Fees the respective Challans are to be counter signed by the concerned bank manager or attested by the authorized Representatives or assessees themselves

Proposal to Operationalise DTAAs with 12 More Countries Under Process

December 13, 2012 882 Views 0 comment Print

India has entered into Double Taxation Avoidance agreements (DTAAs) with 84 countries. In addition, DTAAs have been signed with 3 countries, viz. Colombia, Uruguay & Ethiopia and will enter into force after completion of necessary formalities in these countries. Proposal to sign DTAAs with 12 more countries/jurisdictions is under process. These countries/jurisdictions are Albania, Bhutan, […]

France Provided CD of Indian Account Holders

December 13, 2012 603 Views 0 comment Print

On the request of the Central Government and persistent follow up in June, 2011, France has provided details of Indians having bank accounts in one of the banks of Switzerland under the provisions of Double Taxation Avoidance Convention (DTAC) between India and France. Based on this information, investigations have been undertaken by the different jurisdictional authorities under the Income Tax Act, 1961.

Govt. Examining possibility of Tax Evasion by Private Insurance Companies

December 13, 2012 1048 Views 0 comment Print

The Central Government has given the notice in view of the possibility of tax evasion by some insurance companies of private sector. The names of the companies which have been served upon Show Cause Notices in 2012-13 (upto October 2012) are as follows:

Taxes or Surcharge Collected by Assessee from tenants will form part of Gross Rent

December 13, 2012 6533 Views 0 comment Print

Moment the commercial surcharge is recovered irrespective of the provisions of the agreement entered into by and between the landlord and tenant it immediately become exigible to tax as rental income from house property for agreement binds the parties thereto and it becomes irrelevant the moment it is found to be in conflict with legal provision on the subject.

If Assessee claims higher deduction in revised return, AO must consider the same

December 13, 2012 1390 Views 0 comment Print

It is obvious that when the assessee revised its return and claimed deduction under section 44C at higher level than that claimed in the original return, it was the duty of the Assessing Officer to consider the higher claim under section 44C and not to restrict himself to the claim made in original return. Any absurdity in the direction of the Commissioner (Appeals) to the Assessing Officer to consider deduction under section 44C on the basis of revised return subject to verification of the correctness of the revised return.

CIT (A) cannot admit additional evidence without complying with Rule 46A

December 13, 2012 3213 Views 0 comment Print

The assessee’s prime grievance is the non-examination by the Assessing Officer of the material adduced before Commissioner (Appeals) for the first time. At the same time, there has been, without doubt, a clear violation of rule 46A. The question of consideration of the additional evidence/s by the Commissioner (Appeals) comes only subsequent to first qualifying for admission in terms of rule 46A, which is mandatory in nature.

Non-appearance by company in winding up proceeding could not be construed as mala fide and intentional

December 13, 2012 1764 Views 0 comment Print

The application made, for recalling the order dated 19th November, 2012, has failed to convince the Court to the fullest extent. The person sworn-in to the affidavit has stated that he was managing the affairs of the Company and he was in the Country for six months, itself, is not sufficient to recall the winding-up order. First of all, he should have stated as to how only he was responsible to file this affidavit when other Directors were available.

No Revision U/s. 263 if issue been examined in detail by Assessing Officer

December 13, 2012 1231 Views 0 comment Print

Briefly stated, the facts of the case are that the assessee-firm filed its return of income (ROI) on 29.09.2009 declaring total income at Rs. ‘NIL’. The books of accounts of the firm are duly audited u/s 44AB and the report in form No 3 CA and 3CB dated 26/09/2009 were filed alongwith the ROI. The assessee-firm derives its income from sale of Petrol and Diesel and also from transport business. The A.O has completed his order u/s 143(3) on 7.1.2011.

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