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Disallowance of wages not justified when Assessee maintained Muster & full detail of Workers

September 8, 2012 1455 Views 0 comment Print

Where the assessee has maintained the Attendance Register of labourers shown the ledger account of labour charges and office expenses, which were all duly produced before the AO and also placed before us which contained the details of wages paid to and accepted by the labourers, no defect in the same has been pointed by the revenue. The action to make the ad hoc disallowance @5% qua the same and 10% in the case of office expenses on the reasoning that to curb the possibility of revenue leakage and seems excessive respectively is arbitrary which cannot be supported in law.

Exclusion of certain topics from the Paper-7A/6A of IPCC/PCC – Information Technology from November, 2012 examination & onwards

September 7, 2012 2155 Views 0 comment Print

This is to inform all students that while reviewing topics included in the Paper-7A/6A of  IPCC/PCC  – Information Technology, it is observed  that  some of the topics are not at all  relevant in the present day context and thus it has been decided that no question be asked from such topics from November 2012 examination […]

Non-applicability of taxable services in PCE-, IPCE & CA Final for November, 2012 examinations

September 7, 2012 982 Views 0 comment Print

Non-applicability of taxable services in PCE-Paper 5: Taxation, IPCE-Paper 4: Taxation and Final-Paper 8: Indirect Tax Laws for November, 2012 examinations The Examination Committee at its 497th meeting held in September, 2012 has decided that students appearing in November 2012 examinations will not be examined with respect to specific services in the area of service […]

Overseas Investment by Indian Parties in Pakistan

September 7, 2012 2683 Views 0 comment Print

In terms of Regulation 6 (2) of the Notification ibid, “Notwithstanding anything contained in these Regulations, investment in Pakistan shall not be permitted.” It has now been decided that the overseas direct investment by Indian Parties in Pakistan shall henceforth be considered under the approval route under Regulation 9 of the Notification, ibid.

Procedure & Documents Required for Service Tax Registration

September 7, 2012 149649 Views 49 comments Print

The assessee shall make an application in form ST 1 to the Superintendent of Central Excise in duplicate. Such application can be filed online www.aces.gov.in. For this the following procedure shall be adhered to :

Automatic Excel Utility with individual Salary sheet + form 16 + 12BA for A.Y. 2013-14

September 7, 2012 40418 Views 21 comments Print

This utility can be used for Government and Non Government Employees. Utility Automatically Prepares for 16, Form 12BA, Calculates TDS deductible, HRA Exemption , Deduction Under Chapter VIA etc.Utility is for Assessment year 2013-14 or Financial Year 2012-13 and can be used for upto 50 Employees.

Change in Constitution of dispute resolution panel – Order No. 9 /FT&TR/2012

September 7, 2012 1341 Views 0 comment Print

Order No. 9/FT&TR/2012 Vide Order No. 9/FT&TR/2012 dated 07.09.2012, the CBDT has directed a change in the Constitution of the Dispute Resolution Panel in Delhi, Mumbai, Ahmedabad, Pune, Kolkota, Bangalore, Hyderabad and Chennai with effect from 24.08.2012

Additions cannot be deleted for a rectifiable mistake in one line of order

September 7, 2012 1159 Views 0 comment Print

After going through the assessment order, annexure-1, we are of the considered opinion that the assessee may have submitted his returns showing his total income as ‘NIL’ and has shown book profit of Rs. 2,05,86,930/- under Section 115JB but A.O. has not proceeded to consider the case of the petitioner under Section 115JB and clearly mentioned in first para of the order itself that “the case was duly processed u/s 143(1)(a) and thereafter on selection of the case of scrutiny, statutory notices u/s 143(2) & 142(1) were issued.” Such notices were duly responded by the assessee’s representative and the case was contested and proceeded under Section 143(1)(a) and assessment was made under Section 143(3) of the Act of 1961.

VAT (What) is the confusion all about on sale of flats – Part 2

September 7, 2012 5521 Views 0 comment Print

It need not be said that taxation of works contract has always been a vexatious issue. As if controversy pertaining to Works contract wasn’t enough, the government in a clever move to bolster revenue, brought within its purview transactions relating to sale of under-construction properties w.e.f. 20th June, 2006, as discussed in previous article.

Service Tax not to be included in Turnover U/s. 44BB for calculation of deemed Profit

September 7, 2012 2474 Views 0 comment Print

As regards reimbursement of amount in respect of service tax, as pointed out by the ld. AR, the ITAT Delhi Bench in their decision in Technip Offshore Contracting BV(supra) concluded that service tax collected by the assessee being directly in connection with services or facilities or supply specified u/s 44BB of the Act provided by the assessee to ONGC, have to be included in the total receipts for the purpose of determination of presumptive profit u/s 44BB of the Act.

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