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Taxation of Income Received for services contract spread over various years

August 31, 2012 1351 Views 0 comment Print

Admittedly, the assessee has not served for the period of five years. The assessee has not rendered enough services to warrant emoluments of Rs. 1,21,83,494. It is assessee’s submission that during the year under consideration he has not created a debt or a right to receive the payment equivalent to Rs. 1,21,83,494. Hence, it cannot be said that the income equivalent to total emolument of Rs. 1,21,83,494 has accrued to the assessee.

Advance against property cannot be taxed as capital gain if possession not given

August 31, 2012 5300 Views 0 comment Print

In the instant case, it was noticed that the agreement clearly stated that the owner would continue to be in possession of the scheduled property till such time the developer completes the construction of the said complex and delivers their areas infra. In the instant case, nothing was brought on record to substantiate that the possession of the land was delivered to the developer or the land was not in assessee’s possession.

Computation of Excise Duty where the goods are sold at a price below the cost of production

August 31, 2012 7688 Views 0 comment Print

Excise duty to be computed on the basis of manufacturing cost plus profit where the goods are sold at a price below the cost of production : It was held that commercial cost of manufacturing the cars was not reflected in the assessable value declared by the assessee.

Income from sale of Agricultural Land to Real Estate Company is Business Income

August 31, 2012 5848 Views 0 comment Print

Main object clause suggests that the assessee’s main business is to deal in real estate. After forming the company, the assessee started buying of land. The assessee has taken a plea before us that it has earned income by leasing these agricultural lands to other parties to carryon agricultural operations and the land was subjected to agricultural operations by other persons.

Govt exempts Additional services from service tax

August 31, 2012 2747 Views 0 comment Print

At present there are 17 items in the negative list (Section 66 D of the Finance Act, 1994) and 39 items in the mega exemption notification 25/2012-ST dated 20.6.2012. Government has recently exempted more services from the purview of service tax.

SEBI launches Toll-free Helpline Service for Investors

August 31, 2012 399 Views 0 comment Print

SEBI has extended its toll free helpline service (1800 22 7575 / 1800 266 7575) to Saturday and Sunday from the existing Monday to Friday. The service on Saturday and Sunday would be available initially to investors from all over India in English, Hindi, Marathi and Gujarati from 9:30 a.m. to 5:30 p.m.

Form AS Viewed for 5.69 Crore Times this Year

August 31, 2012 616 Views 0 comment Print

No. of times Form 26AS viewed 5.69 cr . No. Of distinct PANs for which Form 26AS viewed 1.38 cr . Statistics as on 23/08/2012

S. 14A not be invocable to disallow set off of carried forward losses in case of co-operative society

August 31, 2012 1132 Views 0 comment Print

The Assessing Officer has observed that the bank has claimed the set off of carried forward losses of earlier years of Rs. 2,39,37,185/-. In the opinion of the Assessing Officer, provisions of section 14A are applicable. The Assessing Officer has observed that up to A.Y. 2006-07, income of cooperative bank was wholly exempt u/s.80P and hence, loss was incurred because of expenditure for earning the wholly exempt income and hence, no benefit of set off can be given. The Assessing Officer made the disallowance of entire loss of Rs. 2,39,37,185/-.

Assessment cannot be reopened u/s 147 in absence of tangible material

August 31, 2012 2348 Views 0 comment Print

In the present case, we notice that in two out of four reasons recorded by the Assessing Officer for reopening the assessment, he stated that he need to verify the claims. In the second ground, he had recorded that admissibility of the bad debts written off required to be verified. In the fourth ground also, he had recorded that admissibility of royalty claim was required to be verified.

Notification No. 79/2012-Customs (N. T.) – Tariff of Gold Silver, Crude Palm Oil etc

August 31, 2012 1043 Views 0 comment Print

Notification No. 79/2012-CUSTOMS (N. T.) Central Board of Excise & Customs, being satisfied that it is necessary and expedient so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2001-Customs (N.T.), dated the 3rd August, 2001,

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