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Income Tax Returns out of RTI ambit – SC

October 5, 2012 8099 Views 0 comment Print

The Supreme Court has ruled that the details of a person’s income tax returns and performance of an employee are personal information which cannot be divulged under the provisions of the Right to Information Act unless a larger public interest is involved.

Window to Goods & Service Tax (GST)

October 5, 2012 5845 Views 0 comment Print

Value Added Tax made in first opening in France in 1954. At that time it was not a full VAT system, since it was restricted to manufacturers and whole-sellers. The retailers and agriculturist were kept beyond its purview.

Foreign travel expenditure on Pleasure Trip not allowable

October 5, 2012 1177 Views 0 comment Print

The main issue is with regard to allowability of foreign travel expenditure. The assessee claimed foreign travel expenditure at Rs. 20,35,971. As the assessee not furnished details of expenditure relating to business and pleasure trips, the Assessing Officer disallowed 80% of foreign travel expenses at Rs. 16,28,777. On appeal, the CIT(A) directed the Assessing Officer to allow 1/3rd of the expenditure instead of 1/5th of the expenditure. Against this the assessee is in appeal before us.

Number of countries from which import of poppy seeds is allowed is increased to 16

October 5, 2012 1555 Views 0 comment Print

NOTIFICATION NO. 19 (RE-2012)/2009-2014 The number of countries from which import of poppy seeds is allowed is increased from 11 to 16 and Slovenia has been replaced by Slovakia in 3(a).

Addition for Investment in Shares / Mutual Fund based on mere AIR report not sustainable

October 5, 2012 1440 Views 0 comment Print

Tribunal had taken the view that when the AIR shows some investment and the assessee denies it, no addition can be made on account of unexplained investments without further evidence to show that the assessee made investments.

Don’t Believe Fraudsters – Mumbai Air Customs

October 5, 2012 637 Views 0 comment Print

It has been brought to notice that innocent citizens are made to believe that they have won/received some international prize/award/parcel and money is demanded to fulfill some Customs formalities. All are hereby informed that Mumbai Customs is in no way concerned with the international prize/award money.

Mere certain lapses & disallowances cannot be basis for denying exemption u/s.10(23C)

October 5, 2012 573 Views 0 comment Print

Regarding allowability of exemption u/s. 10(23C)(iiiad)/(vi), we are of the opinion that there is no allegation that the assessee is not imparting education. The argument of the Department is that some benefit given to the founder member of the trust disables the trust from getting exemption u/s. 10(23C)(iiiad)/(vi).

Rates of Duty Drawback 2012-13 – Reg

October 5, 2012 5270 Views 0 comment Print

As in previous years, the drawback rates have been determined on the basis of certain broad parameters including, inter alia, prevailing prices of inputs, Standard Input Output Norms, share of imports in the total consumption of inputs, FOB value of export goods, the applied rates of central excise and customs duties, the factoring of incidence of service tax paid on taxable services which are used as input services in the manufacturing or processing of export goods, factoring incidence of duty on HSD/Furnace Oil. Circular No. 27 / 2012-Customs

Loss due to Recession in Software Industry after 9/11 incident cannot be ignored in computing ALP

October 5, 2012 1066 Views 0 comment Print

The learned DR strongly defending the order passed by the CIT (A) submitted that the assessee has deliberately made excess payment to its AE with an intention to reduce its profit. The learned DR submitted that the CIT (A) after considering all aspects has correctly determined the ALP.

S. 14A Expenses incurred in relation to the income which does not form part of ‘business profits’ cannot be allowed as deduction

October 5, 2012 1361 Views 0 comment Print

Learned AR argued that tax free securities were held by the assessee as stock-in-trade and hence the provisions of section 14A cannot apply to disallow any expenditure notwithstanding the fact that the interest income is exempt.

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