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S.10A Foreign remittances to be credited within 6 months in a/c of assessee

December 8, 2012 1726 Views 0 comment Print

Unless the foreign remittances are credited in the account of assessee or at least credited in the account of the bank, it can not be said that the export proceeds have been received in or brought into India. The assessee has placed on record a certificate from State Bank of India which only states that the proceeds of the foreign remittances had been credited to the account of the assessee.

Consideration deemed to be received on the date of encashment of cheque and not on date of receipt

December 8, 2012 1131 Views 0 comment Print

In the present case, though the cheque was received on 4.1.2007, the same was actually deposited in the bank on 5.2.2007 and must have been encashed on a date after that. As such, it is to be considered as if the consideration for the services was received by the appellant in the month of February itself, thus requiring them to deposit the tax with the department in March, 2007.

Measures taken to provide Relief to Exporters

December 7, 2012 1066 Views 0 comment Print

In view of the difficulties faced by exporters on account of the weakening of external demand, RBI has taken following measure; (i) Period of realization and repatriation to India of the amount representing the full export value of goods or software was enhanced from 6 months to 12 months.

High Value Income Tax Appeal Cases

December 7, 2012 642 Views 0 comment Print

Commissioners of Income-Tax (Appeals) were directed to bifurcate the appeals pending with them into four categories. High demand appeals brought forward as on the first day of the financial year involving disputed demand of Rs. 10 lakhs and above, have been identified as the first category for priority disposal.

Income-Tax Department facing acute workforce shortage

December 7, 2012 1919 Views 0 comment Print

The sanctioned and the working strength of the officers/staff in the Income Tax Department/Directorates as on 31.3.2012 are given as under:-

Information Regarding Tax Evasion

December 7, 2012 1101 Views 0 comment Print

The Government is focusing on increasing use of Information Technology for detection of evasion of tax. The Government also receives information on tax evasion from public at large through letters, e-mails, reports in media etc. the Government grants rewards to persons who provide information useful for detection of tax evasion and realization of taxes subject to certain guidelines issued by Central Board of Excise and Customs (CBEC) and Central Board of Direct Taxes (CBDT).

Rate of Interest on Home and Education Loans

December 7, 2012 2751 Views 0 comment Print

Reserve Bank of India had deregulated the interest rates on advances sanctioned by Scheduled Commercial Banks, with effect from October 18, 1994 and these interest rates were determined by bank themselves with the approval of their Boards, subject to Benchmark Prime Lending Rate (BPLR) and spread guidelines.

Oversight of Members (Stock Brokers/Trading Members/Clearing Members of any segment of Stock Exchanges/Clearing Corporations)

December 7, 2012 693 Views 0 comment Print

The Stock Exchange or the Clearing Corporation, as the case may be, shall, in consultation with SEBI, formulate a policy for annual inspection of their members in various segments and follow up action thereon. The policy shall also cover various kinds of risks posed to the investors and market at large on account of the activities/business conduct of their members.

Business started with loans would not render it as ‘property held under trust’

December 7, 2012 1210 Views 0 comment Print

If the business carried on by the trust is not in line with the object of the trust then whether the income from the business is liable to the exemption u/s 11. It was contended on behalf of the assessee that in case we hold that the assessee-trust is not eligible for exemption because the Katha business was itself not held under trust, it would produce an anomalous or discriminatory result inasmuch as all that is required is for the settler of the trust to declare that the Katha business itself would be held in trust

HC orders windup on failure of company to reply notice & pay its admitted liability

December 7, 2012 915 Views 0 comment Print

The petitioner is a company incorporated on 24th April, 2006 as a Private Limited Company and doing business of selling, reselling and exchanging, etc. and dealing in all relevant components of computers. The respondent had approached the petitioner to hire the computers and laptops, by entering into an agreement. In view of the agreement, the respondent had hired computers, laptops, and peripherals from the petitioner.

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