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RBI permits Urban Cooperative Banks to undertake ready forward contracts in corporate debt securities

October 30, 2012 1144 Views 0 comment Print

As announced in the Second Quarter Review of the Monetary Policy Statement 2012-13 (para 77) and in exercise of powers conferred on Reserve Bank under the Repo in Corporate Debt Securities (Reserve Bank) Directions 2010, it has now been decided to permit scheduled Urban Cooperative Banks to undertake ready forward contracts in corporate debt securities subject to adherence to conditions prescribed by Urban Banks Department, Central Office, Reserve Bank of India, from time-to-time.

Service used, rendered & enjoyed in India – Taxable in India

October 30, 2012 5082 Views 0 comment Print

In the instant case, the service rendered is promotion/marketing of the goods of the client in India by rendering various services such as demonstration, installation, after sales warranty and advertising services for which the appellant received a consideration. These activities are rendered in India and their effective use and enjoyment are in India and therefore, the benefit of the services rendered also accrue in India and hence leviable to service tax.

Secretary of Society is Public Servant & can be booked for Corruption – HC

October 30, 2012 8615 Views 0 comment Print

The petitioner who was serving as the Secretary of the Avinashi Co-operative Housing Society Limited, Avinashi was charged with offences punishable under section 7 and 13(2) r/w. 13( 1)(d) of the Prevention of Corruption Act, 1988.

Income tax E-Filing Website likely to be closed for few days

October 30, 2012 3120 Views 0 comment Print

The e-Filing Portal is migrating to a revamped new portal in next few days and the existing website services are likely to be closed for few days.

FM Statement on Kelkar Committee Report, Fiscal Roadmap & Consolidation

October 29, 2012 549 Views 0 comment Print

The Kelkar Committee has cautioned us that a business-as-usual scenario for the current year may lead to the fiscal deficit rising to 6.1 per cent of GDP. This would have grave consequences for the economy is, therefore, totally unacceptable. The Committee has recommended a number of reform measures in taxation, disinvestment and expenditure.

If non deduction of TDS on Salary is pursuant to HC order Assessee not liable for consequences u/s. 201

October 29, 2012 1781 Views 0 comment Print

Section 192 deals with the deduction of tax at source. It is computed on the estimated income of the assessee under the head ‘salary’ and the liability is at the time of payment of salary, if there is a perquisite, there is responsibility to deduct tax of the employer under section 192(1), 192(1A) and 192(1B). Perquisite is actually not a payment of salary but a benefit not in terms of money.

Penalty justified if deduction claimed is not permissible & there was no debatable or contentious issue

October 29, 2012 720 Views 0 comment Print

The assessee had wrongly taken the benefit of Section 80IA on the gross total income by reducing the loss of Unit-II from Unit-I and thereby declaring the return at Nil and carried forward the loss of Rs. 23,94,827/-, which was not permissible.

Period taken to approach Settlement Commission & its rejection is to be excluded for block assessment

October 29, 2012 1116 Views 0 comment Print

Given the fact that the Settlement Commission order was made on 11.6.2002 and as on the date of insertion to Explanation 1(iv) with effect from 1.6.2002 the applications were pending before the Settlement Commission, we have no hesitation in rejecting the assessees’ contention that the Explanation should not be given retrospective effect.

Notification No. 45-Income Tax Dated 29/10/2012

October 29, 2012 799 Views 0 comment Print

Notification No. 45/2012-Income Tax It is hereby notified for general information that the organization National Institute of Ocean Technology, Chennai has been approved by the Central Government for the purpose of clause (ii) of sub-section (1) of section 35 of the Income-tax Act, 1961 [said Act], read with rules 5C and 5E of the Income-tax Rules, 1962 (said Rules), from assessment year 2011-12 onwards in the category of “Scientific Research Association”, engaged in research in science subject to the following conditions, namely:-

Depreciation should be allowed as claimed in revised return and not as claimed in original return

October 29, 2012 3580 Views 0 comment Print

CIT(A) followed the earlier order of the Tribunal in assessee’s own case in part and not in toto. He was of the view that interest and salary to the partners be allowed but not interest to third parties and the depreciation was to be allowed as claimed in the original return because the claim made in the revised return could not be substantiated. However, he has brought nothing on record as to how and in what manner the claim in the revised return was not substantiated particularly when the then learned CIT(A) vide order dt. 30th March, 2007 accepted the filing of revised return and the said order on the issue of acceptance of revised return

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