Sponsored
    Follow Us:

Every tax advantageous action or inaction cannot be treated as a colourable device

September 26, 2012 834 Views 0 comment Print

It is important to bear in mind uncontroverted claim of the assessee that there were sufficient reserves and surplus, which were eligible for distribution as ‘dividend’, and the NIPL had sufficient cash balances as well. The nature of amounts distributed as dividend has not been altered as a result of, what the revenue authorities describe as, colourable device to evade taxes.

Deduction u/s. 80-IA(4)(iv)(c) is available in respect of capital work-in-progress

September 26, 2012 4540 Views 0 comment Print

The deduction under section 80-IA(4)(iv)(c) is allowed for a period of ten years. The dispute in the present appeal is as to whether assessment year 2005-06 should be the first year in which the deduction should be allowed. It was clarified at the time of hearing of the appeal that from the assessment year 2006-07, the assessee has been getting the deduction under section 80-IA(4).

Section 40A(3) – Payment to milk producers in cash not disallowable

September 26, 2012 12803 Views 0 comment Print

The economic problems of milk producers are such that the Parliament/CBDT felt it necessary to incorporate that milk producer should be free to receive payments in cash. Of course, such exclusion from the rigour of the provisions of section 40A(3), is subjected to certain conditions.

No change of opinion if AO not examined or applied his mind on a particular issue-HC

September 26, 2012 5001 Views 0 comment Print

There may be cases where the Assessing Officer does not and may not raise any written query but still the Assessing Officer in the first round/ original proceedings may have examined the subject matter, claim etc, because the aspect or question may be too apparent and obvious. To hold that the assessing officer in the first round did not examine the question or subject matter and form an opinion, would be contrary and opposed to normal human conduct. Such cases have to be examined individually.

SEBI fines CA for failing to respond to summons

September 26, 2012 654 Views 0 comment Print

Market regulator Sebi today imposed a penalty of Rs 6 lakh on Dilip S Mehta, owner of a chartered accountancy firm, for failing to respond to summons issued by it in relation to a probe into the affairs of erstwhile Bank of Rajasthan. The matter pertains to alleged irregularities committed by former promoters of Bank of Rajasthan (BoR).

Monitoring of filing of appeal in HC – Non-receipt of quarterly reports as per CBDT Instruction

September 26, 2012 469 Views 0 comment Print

Non-receipt of quarterly reports as per the CBDT Instruction No. 7 of 2011 The CCIT/CIT shall ensure due adherence to this instruction. In order to facilitate monitoring, a register shall be maintained in the office of CIT as per Annexure-IV to this Instruction.

S. 14A applies to funds not directly attributable to either exempt or taxable income

September 26, 2012 675 Views 0 comment Print

Interest expenses directly attributable to tax exempt income as also directly attributable to taxable income, are required to be excluded from computation of common interest expenses to be allocated under rule 8D(2)(ii).

Depreciation allowable on leased asset which in substance is a purchase

September 26, 2012 618 Views 0 comment Print

Section 32 of the Act indeed entitles an assessee, who is the owner of a property, to depreciation. As we have already held, the arrangement between the lessor and the assessee was, in effect, an agreement of sale of the property by the lessor to the assessee. The assessee is, therefore, the owner of the property having acquired the same on 29th March, 1982, itself and, in any event, by 30th March, 1982.

Seeks to extend the validity of Notification No. 17/2008-Customs dated 19th February, 2008 for a further period of one year, i.e up to and inclusive of 12th September, 2013

September 25, 2012 421 Views 0 comment Print

G.S.R. (E). -Whereas, the designated authority vide notification F.No. 15/1010/2012-DGAD, dated the 10th September, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 10th September, 2012, has initiated review in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on imports of ‘phosphoric acid, technical or food grade (including industrial grade)’, falling under sub

SEBI : Application Supported by Blocked Amount (ASBA)

September 25, 2012 328 Views 0 comment Print

Towards this end, consultations were held with Reserve Bank of India, Indian Banks’ Association and other market participants, to explore the possibility of providing ASBA facility at all branches of Self Certified Syndicate Banks (SCSBs).

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031