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Circumstances for Approval of Assessment After 3 years under Punjab VAT Act

November 18, 2012 888 Views 0 comment Print

Assessment plays vital role under the Punjab Value Added Tax Act, 2005 and the period for framing an assessment is 3 years from the date of filing of an annual statement i.e. 20th of November but the power conferred to extend the period for framing an assessment after the 3 years has its own importance as the commissioner can extend the time period upto 6 years from the date of filling of annual statement but this power can only be exercised where circumstances so warrant

Can Tribunal grant stay beyond 365 days?

November 18, 2012 935 Views 0 comment Print

CA Hiral Raja Section 254(2A) of the Income Tax Act states that the Appellate Tribunal, where it is possible, may hear and decide the appeal within a period of four years from the end of the financial year in which such appeal is filed.

Vodafone makes no provision for Hutch deal tax claim

November 18, 2012 676 Views 0 comment Print

British telecom giant Vodafone has decided against making a provision in its balance sheet for the over Rs 11,000 tax claim made by Indian authorities for its 2007 deal to acquire stake in Hutchison-Essar.

Appropriate Action Taken on Information Received from France – Govt.

November 18, 2012 543 Views 0 comment Print

Information received from the Government of France has been analysed and investigations into the information have been undertaken by the different jurisdictional authorities under the Income-tax Act, 1961. Investigations in the matter are under progress including with the foreign tax authorities to obtain more information with regard to the reported account holders.

No info with CBDT of persons having a/c in Swiss Banks

November 18, 2012 393 Views 0 comment Print

Central Board of Direct Taxes has said it does not have any information about names and addresses of Indians who have reportedly stashed money in Swiss banks.  The CBDT, a part of Department of Revenue in the Finance Ministry, said this when the matter came before the CIC where Information Commissioner Rajiv Mathur was hearing […]

Duration of each contract is to be taken into consideration separately for determining whether or not any PE was constituted

November 18, 2012 300 Views 0 comment Print

Duration in respect of first contract is only 8 months and 11 days, which is less than 9 months as per Article 5 of the Indo-Mauritius DTAA to constitute permanent establishment. The duration of second contract as per the above table is only 10 days and the third contract is 3 months and 14 days. Patently such duration is less than the prescribed period of 9 months.

Every entity has a right to carry on its objectives in the manner it considers best

November 18, 2012 1247 Views 0 comment Print

Subsequent reversal of a transaction among group entities isn’t colourable device, if effect carried in ledgers (a) Assessee is a charitable institution, there is no change in it’s objects. It carried on educational institutions and intended to further its objects by opening new schools and a university. (b) APIL owned reserved educational plots and it’s agreements to sale of such reserved plots with group educational trust do not carry any element of primary suspicion.

Last Date for ST Return Filing 25.11.2012, File now to avoid inconvenience

November 17, 2012 5732 Views 0 comment Print

To avoid inconvenience and delay, Service Tax assessees are requested not to wait till the last date for filing their ST3 returns. So far only about 6,000 returns are being filed per day in ACES in the new ST 3 format for the period April to June, 2012, out of about 16 lakh registered assessees. […]

CA Exam to be held on 18.11.2012 at Mumbai/Navi Mumbai, Thane & Panvel postponed

November 17, 2012 2623 Views 0 comment Print

Due to unavoidable circumstances, the Final Examination in Paper 8 – Indirect Tax Laws, and the Post Qualification Course(s) Examination(s) in Management Accountancy, Corporate Management, Tax Management, and Insurance and Risk Management, scheduled to be held on Sunday, the 18th November, 2012 in the Examination Centre(s) in Mumbai/Navi Mumbai [Zone I to Zone XI], Thane, and Panvel stand postponed.

Service Tax on Works Contract where contract price Includes Applicable Taxes

November 17, 2012 60155 Views 15 comments Print

It is very common practice in the construction or infrastructure related industries that the contract prices agreed between the parties are inclusive of taxes applicable on such construction/maintenance/repair/renovation or related activities. In such circumstances, the service provider can not levy service tax over and above the contract price and is bound to discharge its liability of service tax from the price charged.

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