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Reopening on the ground on which AO already held detailed discussion during original Assessment is not valid

September 21, 2012 1091 Views 0 comment Print

In the instant case also, the assessee furnished all the details relating to its claim for deduction u/s 80IB of the Act and the Assessing Officer thoroughly examined the claim while framing the assessment u/s 143(3) and on being satisfied the claim was allowed. Therefore, in the present case, reopening of the assessment by issuing notice u/s 148 of the Act is definitely a change of opinion which is not maintainable and therefore, the re-assessment framed by the Assessing Officer u/s 147 of by issuing notice u/s 148 of the Act after completing the assessment u/s 143(3) of the Act by taking a view which was in consonance with the judgment of the Hon’ble jurisdictional High Court was not valid.

TDS and Tax Rate on Interest Income of Non-Resident redued to 5% from 20%

September 21, 2012 21144 Views 0 comment Print

CIRCULAR NO. 7/2012 Interest Income of a Non-Resident Investor to be taxed at the reduced rate of 5 per cent instead of the existing rate of 20 per cent and withhold Tax on such Income to be also at the Reduced Rate of 5 per cent

MCA issues Revised eform 23AC and 23ACA

September 21, 2012 2027 Views 0 comment Print

In the Companies (Central Government’s) General Rules and Forms, 1956, in Annexure ‘A’ for Forms 23AC and 23ACA, the following Forms shall be substituted, namely.

RBI Circular on FDI in retail, Civil Aviation, Broadcasting & Power Exchanges

September 21, 2012 525 Views 0 comment Print

FDI up to 100 per cent is now permitted in Single–Brand Product Retail Trading by only one non-resident entity, whether owner of the brand or otherwise, under the Government route subject to the terms and conditions as stipulated in Press Note No. 4 (2012 Series) dated September 20, 2012 issued by the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, Government of India.

Income from trading in shares in regular manner, is income from business

September 21, 2012 1416 Views 0 comment Print

In the instant case, the assessee has made several transactions of purchase of shares during the relevant year. If there high volume, frequency and regularly of the activity carried on by the assessee is in a systematic manner, it would partake the character of business activities carried on by the assessee in shares, and it cannot be said that the assessee has merely made investment in shares.

Disposal of pending cases for clubbing of advance authorisations filed on or before 31.03.2012

September 21, 2012 274 Views 0 comment Print

A question has been raised about such applications that have been received by the Regional Authority before the due date i.e.31.03.12, but are yet to be disposed of. The new Handbook of Procedure and the annual supplement issued on 05.06.12 have been silent on such issues.

Issue of notice to general power of attorney holder of assessee is valid

September 21, 2012 1915 Views 0 comment Print

In the instant case, the GPA holder of the assessee received the notice which is evident from the acknowledgement furnished before us. The assessee was having transactions in India and when the notice was serviced through the process server of the department, the notice is deemed to have been served as it can ordinarily be expected that the process server knew the person on whom the service was effected.

Due Date – TDS & TCS quarterly returns

September 21, 2012 75396 Views 1 comment Print

Following are the due dates for filing of Quarterly TDS and TCS Returns in Form 24Q, Form 26Q, Form 27Q and Form 27EQ. Please file your returns on time to avoind penalty for late filing of Tds returns.

Public Notice No. 17 (RE-2012)/2009-2014, Dated: 20.09.2012

September 20, 2012 409 Views 0 comment Print

The description of Import Item No. 7 of SION A – 1691 (export product: Nylon Bicycle Tyres) is amended from ‘Nylon Fabric’ to read as “Relevant Nylon Tyre Cord Fabric”. There is no other change in this SION.

Assessee must be given reasonable opportunity before Transfer of case to other city

September 20, 2012 7080 Views 0 comment Print

A reasonable opportunity should be given to the assessee wherever it is possible to do so. The opportunity referred to is a reasonable opportunity of being heard. There is no other opportunity referred to in the section. The observation in paragraph 3 that the opportunity cannot be said to be obligatory, refers to those cases where it is not possible to give such an opportunity to the assessee.

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