This issue is well established that determination of ALP can be made only with regard to international transactions of the assessee with its AE and it cannot be extended to international transaction of the assessee with its Non-AEs. Therefore, the ALP can be worked out only with respect to international transaction of the assessee with its AE. If it is so, it just and proper to restore this issue to the file of Assessing Officer with a direction to verify the calculations submitted by the assessee after giving the assessee reasonable opportunity of hearing and if the aforementioned calculations are correct then the difference being within the safe harbour of +/- 5 per cent, no addition with regard to ALP should be made.
The issue whether any disallowance of expenditure could be made under section 14A of the Income-Tax Act, 1961 (the Act), in respect of exempt in income by way of dividend earned by an assessee engaged in the business of dealing in shares and securities; has come up for consideration before various judicial fora.
Procedure of obtaining Registration Certificate (RC) for export of Assam Comilla Cotton [ITC(HS) Code 5201 00 12] was notified in Policy Circular No. 29(RE-2010)/2009-14 dated 19.04.2011. The same will continue to apply except that the export against Registration Certificates shall be completed within a period of 30 days (In para 3 of Policy Circular No. 29 dated 19.04.2011, such period was 45 days).
The following agencies are approved as Pre Shipment Inspection Agencies (PSIA) and enlisted in Appendix 5 of the Handbook of Procedures (Vol-I), Appendices and Aayaat Niryaat Forms:
Notification No. 17 (RE-2012)/2009-14 The Procedure and conditions for export of cotton w.e.f 1st October 2012 have been notified. This is similar to Notification number 113 of 4th May 2012, except appropriate changes in para 2(iii).
A. Rationalisation in the categorisation and value limits of PPIs – The five categories of semi-closed PPIs as indicated in our previous guidelines have been replaced with three broad categories as under: Semi-closed system prepaid payment instruments can be issued upto Rs.10,000/- by accepting minimum details of the customer provided the amount outstanding at any point of time does not exceed Rs 10,000/- and the total value of reloads during any given month also does not exceed Rs 10,000/-. These can be issued only in electronic form;
In the Companies (Issue of Indian Depository Receipts) Rules, 2004, in rule 10, for sub-rule (i), the following sub-rule shall be substituted, namely
Notification [F. No. 9/1/2011 – CL.V], dated 1-10-2012 In exercise of the powers conferred by sub-section (1) of section 620 of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following further amendments in the notification of the Government of India in the erstwhile Department of Company Law Administration vide number S.R.O. 355, dated 17th January, 1957, a copy of this notification having been laid in draft before both houses of Parliament as required by sub-section (2) of that section, namely:-
Notification No. 56/2012-Customs following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 96/2008-Customs, dated the 13th August, 2008, published in the Gazette of India, Extraordinary, vide number G.S.R. 590 (E), dated the 13th August, 2008, namely:-
Off late many assessees faced the wrath of the Department by way of Show Cause Notices, spot recoveries and personal penalties owing to the alleged failure to take reasonable care while taking Cenvat credit. If the default of duty or tax payment is necessitated either due to genuine reasons or conscious evasion, the assessees at the receiving end are subject to harassment and intimidation by imposing all penal provisions in the Act and Rules. Even now, undue hardship is caused to assessees during Audit and also while processing refund claims, especially of Service Tax, due to the insistence of the officials to produce proof of payment of tax by the manufacturer or service provider for allowing credit or for granting refund.
