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‘Soft serve’ provided by McDonalds is ice cream for the purposes of excise – SC

December 9, 2012 4384 Views 0 comment Print

The assessee has averred that ‘soft serve’ cannot be regarded as ice- cream since the former is marketed and sold around the world as ‘soft serve’. We do not see any merit in this averment. The manner in which a product may be marketed by a manufacturer, does not necessarily play a decisive role in affecting the commercial understanding of such a product. What matters is the way in which the consumer perceives the product at the end of the day notwithstanding marketing strategies.

Waiver of interest – Plea of ‘Bonafide mistake’ will help only if assessee is covered by prescribed circumstances

December 9, 2012 1257 Views 0 comment Print

In my view, the contention raised by the learned counsel for the petitioners cannot be said to be one which is covered by any one of the aforesaid circumstances. If that be so, rejection of their claim for waiver of interest cannot also be said to be illegal.

TAN Account now migrating from TIN to TRACES (TDS-CPC)

December 9, 2012 41850 Views 0 comment Print

TRACES is a web-based application of the Income Tax Department that provides an interface to all stakeholders associated with TDS administration. It enables viewing of challan status, downloading of NSDL Conso File, Justification Report and Form 16 / 16A as well as viewing of annual tax credit statements (Form 26AS).

Attention! Students Appearing December, 2012 session of CS Examinations

December 9, 2012 3267 Views 0 comment Print

All students appearing in December, 2012 session of CS examinations (Foundation Programme Old Syllabus, Executive Programme & Professional Programme) are hereby informed that important preliminary details of their examination enrollment (including their photograph and signature) have been uploaded on institute’s website www.icsi.edu.

Service Tax Refund cannot be denied on technical grounds

December 8, 2012 1687 Views 0 comment Print

It appears that the deficiency is that the bills raised by the CHA do not show the shipping bill numbers and date and the full requirements of the above conditions are not met. The reason given in the impugned order is that copies of shipping bills are not produced. No such condition is prescribed against S. No. 11.

Undisclosed income which is subject matter of block assessment cannot be made basis for reopening of assessment

December 8, 2012 1609 Views 0 comment Print

Admittedly as is apparent on a plain reading of the reasons recorded, the stock of gold ornaments valued at Rs. 29,77,726/- was subject matter of block assessment under section 158BC of the Act. The Assessing Officer after considering the material on record in fact made an addition of Rs. 29,77,726/- as undisclosed income of the petitioner.

Mere reconstitution of partnership firm not amount to splitting up of business already in existence

December 8, 2012 2760 Views 0 comment Print

There is no dispute that after the partnership was reconstitued, the reconstituted firm had started a new business with an amendment to the partnership deed enabling the firm to carry on the manufacture and export of handicrafts items. Prior to the reconstitution the firm was authorized to merely carry on trading and exports of handicrafts etc.

Trust Registration cannot be denied for Non Filing of Return for Several Years

December 8, 2012 999 Views 0 comment Print

Non-filing of the returns for the last several years cannot be a ground for declining to grant registration as the Commissioner is only enjoined to see as to whether the Trust is genuine and whether the object for which it has been formed is for charitable purpose or not.

Taxability of income arising from sale of asset held under Gold Deposit Scheme

December 8, 2012 1516 Views 0 comment Print

It is not in dispute that on the date of maturity, i.e., 22.11.2006, the certificates of gold were redeemed, therefore, 22.11.2006 should be considered as the date of acquisition of the gold for the purpose of computation of capital gains. The authorities below were, therefore, not justified in rejecting the claim of assessee for short term capital gains on redemption of bonds.

Expenditure on civil and electrical works incurred in leasehold premises is not enduring benefit

December 8, 2012 2295 Views 0 comment Print

It has been held that when any expenditure is incurred by an assessee on leasehold premises, even though it may give an enduring benefit, it would not amount to capital expenditure as no capital asset is being created in favour of the assessee. In some of the cases, the expenditure is on civil and electrical works also.

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