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A.O. to certify correctness of demand before adjustment against refund

November 5, 2012 3342 Views 0 comment Print

Letter [F.No. DIT(S) -III/CPC/2012-13 —14161 —78] The assessing officers are required to verify uploaded arrear demands in CPC portal in these cases and certify their correctness before they are considered for adjustment against refunds. This is to ensure that no undue hardship is faced by tax payers, consequently generating grievances.

General Circular No. 35/2012, dated 05/11/2012

November 5, 2012 1582 Views 1 comment Print

Ministry of Corporate Affairs vide General Circular No. 15/2011, dated April 11, 2011 had prescribed a revised procedure to be followed for appointment of cost auditors. As per the revised procedure, each company is required to e-file its application with the Central Government in the prescribed Form 23C within ninety days from the date of commencement of each financial year, which shall be approved by MCA within 30 days.

Service Tax On Works Contract – Exemptions – After 01-07-2012

November 5, 2012 279061 Views 133 comments Print

Service tax provisions in respect to Works Contracts have undergone major changes after introduction of new service tax regime. Works contract in itself is a very lengthy subject and law relating to Works Contract in Service Tax is available in a very scattered way. I am trying to summarize all the legal provisions relating to Works Contract in this new service tax regime in a series of articles. This article is the first one in the series.

Migration of current version of Internet Protocol IPv4 to IPv6

November 5, 2012 964 Views 0 comment Print

As you may be aware, the Government of India has envisaged providing “Broadband on Demand” by 2015 in the recently unveiled National Telecom Policy (NTP) – 2012 emphasizing the role of Internet as catalyst for socio-economic development of the country and also as an effective medium of various citizen centric services in today’s information economy.

VAT on under construction flats – A.O. to decide whether a particular contract for Building construction is a works contract or not – HC

November 4, 2012 2545 Views 0 comment Print

Judgments of the Bombay High Court in the case of Marathi Bandhkam and Ashok Gokani (Flat buyer) vindicate my stand that the MCHI judgment had merely decided the constitutional validity of the amendment made to the definition of sale and not whether a particular contract is a works contract or not,

MVAT – Updated List of Suspicious Dealers as on 03.11.2012

November 4, 2012 3789 Views 0 comment Print

The Department of Sales Tax, Maharashtra State has declared UPDATED list of Suspicious Dealers on 3rd November 2012 totaling to 1555 nos.

Earlier return, after a revised return, cannot form the basis of assessment

November 4, 2012 5880 Views 0 comment Print

It is well settled that when a revised return is filed by the assessee, the original return is totally substituted and the revised return alone has to be taken into consideration in completing the assessment. The earlier return, after a revised return has been furnished, cannot form the basis of assessment.

Cost Accountants in Full-Time Employment Can Sign Specified Compliance Reports Relating To Cost Records

November 4, 2012 1727 Views 0 comment Print

The Central Government vide the following notifications, has allowed cost accountants in full time employment, in addition to certification by members in full-time practice, to certify the Compliance Report to be filed with the Central Government in compliance with the following rules, namely:-

In case of foreign gift, Assessee to prove Credit worthiness of donor

November 4, 2012 1427 Views 0 comment Print

The burden is on the assessees to show that the amount received by purported gift(s) from the two donors was a gift in the legal sense. Assessees have not led evidence to show whether the alleged donors had adequate funds in their respective accounts to make these purported gift(s) in Singapore Dollars, which is almost running into more than five lakhs.

Can bank claim depreciation on stock in trade shown as Investment in Balance Sheet

November 4, 2012 4460 Views 0 comment Print

In the instant case, we would like to convey that in so far as the books of account are concerned, namely, the balance sheet, the assessee was supposed to follow the mandate of the Reserve Bank of India and, therefore, that by itself would not be a ground to label the securities as ‘investment’. One will have to see the real nature of these securities.

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