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Migration of PAN lying in Orphan Jurisdiction to Jurisdictional AOs by Nodal officers appointed under CsIT(CO)

October 8, 2012 3626 Views 0 comment Print

Letter [F.No. DIT(S)-I/AIS/NODAL/12-13] Transfer of e-filed returns to old/orphan/defunct Jurisdiction may lead to problem in timely processing of returns. Therefore the above procedure was devised to address the problem of processing of the e-filed returns received through the website in which PANs were to be migrated to AOs based on the correct AO codes of the PAN of the e-filer.

Pendency In PAN Transfer Request

October 8, 2012 7213 Views 0 comment Print

LETTER [F.NO. DIT(S)-I/AIS/NODAL/12-13] As per new procedure for Individual PAN transfer requests, transferor/source officers (AO/Range/CIT) have to take a decision on system either to allow and confirm the request, originating from transfree/destination Assessing Officers or to reject the request.

Payment of Service Tax Under New Accounting Code Only

October 8, 2012 16807 Views 6 comments Print

Service tax payer who is liable to pay Service Tax monthly & quarterly should pay Service Tax under New Category & Code only. As you are aware, Negative List based comprehensive approach to taxation of services has came into effect from the 1st July, 2012 and accordingly now for payment of Service Tax a new Minor Head – ‘All Taxable Services’ has been allotted under the Major Head 0044-Service Tax.

XBRL Filings for F.Y. 2011-12 would be enabled w.e.f 14th October, 2012

October 8, 2012 1772 Views 0 comment Print

The Final Validation Tool and subsequent XBRL filings of financial statements for F.Y. 2011-12 on MCA website would be enabled with effect from 14th October, 2012.

Tuition fees in advance is an asset under Wealth Tax Act

October 7, 2012 3510 Views 0 comment Print

A reading of the decision of the Supreme Court in the case of CWT v. Vysyaraju Badreenarayana Morthy Raju [1985] 152 ITR 454 shows that the computation of the net wealth of an assessee calls for a determination of his assets and debts as on the valuation date. Whether the system of accounting, whether mercantile or cash or hybrid, is not relevant for the purpose of determining the assets of the assessee. This is clear from the definition of ‘net wealth’.

CIT can refuse Registration U/s 12AA if Activities of Trust are not Charitable

October 7, 2012 2603 Views 0 comment Print

Assessee spent considerable amount on advertisement of the institution which never existed and further, prospectus of the assessee trust has devoted substantially on carrying out the business activities of group concern showing logo of milk product. These factors were sufficient to hold that the ld. CIT rightly rejected both the applications of the assessee, particularly when no educational or charitable activities have been actually carried out and the assessee in initial stage,

Additions u/s. 68 justified if details of Share Applicants furnished by Assessee is not correct

October 7, 2012 1697 Views 0 comment Print

In the present case, this Court notices that the Assessing Officer went into great lengths to verify the genuineness of these transactions. He issued summons to the share applicants- only 9 could be served; none actually responded through their authorized or principal officer. Even during remand, 16 of the 18 share applicants could not be served.

Assessee not entitled to claim depreciation on an asset which has been written off from books

October 7, 2012 3589 Views 0 comment Print

Where the assessee has written off the value of assets in the books of assessee as obsolete, can it still be include the value of said machinery in the block of assets and claim depreciation thereon. In the decision of the Hon’ble Delhi High Court in the case of M/s Bharat Aluminium Co., Ltd., the Court held that in order to be entitled to claim depreciation asset has to be owned by the assessee and it has to be used for the purpose of business or profession, but the expression used for the purpose of business, would apply for block of assets and not any specific building, machinery, plant or furniture in the said block of assets, as the individual assets loose identity after becoming inseparable part of block of assets.

HC refer applicability of Monetary Appeal Filing Limit Instruction to Larger bench

October 7, 2012 1380 Views 0 comment Print

Whether the view taken by this Court in case of Sureshchandra Durgaprasad Khatod (HUF) (supra) that the instructions of 2011 of the Board providing for revised monetary limits for filing the appeals to the Tribunals, High Courts and Supreme Court, would apply to all pending cases irrespective of the date of filing of such appeals is correct, particularly, in view of express language used in paragraph 2 of the instructions which provides for revised monetary limits for filing of the appeals and paragraph 11 thereof which provides inter-alia that such instructions will apply to appeals filed on or after 9th February 2011?

Procedure of Annual Processing Fee under Punjab Value Added Tax Act, 2005

October 7, 2012 2834 Views 0 comment Print

Rule 40A has been added to the Punjab Vat Rules, 2005 as per which Every taxable person shall pay annual processing fee of Rs. Eight Hundred only during the month of October alongwith the filing of quarterly return. This processing fee is in lieu of operation, maintenance and upgradation of such facilities and services as electronic issuance of statutory forms, e-filing of returns, e-payment of taxes and such other online and offline services being rendered or proposed to be rendered by the Excise and Taxation Department.

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