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No Refund for Failure to Furnish Reco of Income as per TDS certificate & P/L a/c

August 31, 2012 3098 Views 0 comment Print

There is no material evidence on record to show that the assessee had produced any reconciliation statement of interest and contractual receipts as per TDS certificate compared to turnover credited in the P & L Account as per the audited statement. In view of the provisions of Section 237 of the Income Tax Act and averments made in paragraphs 6 and 7 of the counter affidavit, it cannot be said that there is any laches on the part of opp. parties-Department in not granting refund to the petitioner as claimed in its return.

International Workers (IWs) – refund /readjustment of excess amount in pension fund -Clarification

August 31, 2012 1330 Views 0 comment Print

Consequent upon inclusion of special provisions in respect of International Workers (IWs) and signing of Social Security Agreements (SSAs) with a number of countries by the Government of India, the benefit of “detachment” is being availed by the posted Indian employees by obtaining a Certificate of Coverage (COC) on the basis of which they are exempted from making contributions in other country up to a certain period.

Delegation of Powers to Regional Directors u/s 17,18,19,141 and 188 of Companies Act,1956

August 30, 2012 508 Views 0 comment Print

I am directed to refer to this Ministry’s letter of even no. dated 3 1.7.2012 on the subject cited above and say that wherever fee on pending cases under section 17, 18, 19, 141 and 188 of the Companies Act, 1956 have already been paid by the companies/stakeholders at the time of filing of petition, consequent upon the transfer of applications/petitions from Company Law Board to the concerned Regional Directors.

Sponsoring of the trainee in the field not related to assessee’s business isn’t allowable

August 30, 2012 876 Views 0 comment Print

The business of the company which is principally in the area of manufacturing and marketing of plastic pouches cannot justify the sponsoring of the trainee for overseas education in computer software development and accounting. Even for accounting purpose of the company no employee is required to be sent abroad;

Natural justice is no unruly horse, no lurking land mine, nor a judicial cure-all

August 30, 2012 2829 Views 0 comment Print

If assessee couldn’t prove his claim, consequent order couldn’t be disputed on ground of natural justice – The issue which falls for decision is primarily whether the assessment proceeding in the instant case was conducted in a fair manner so much so conforming to principles of natural justice. It is settled law that principles of natural justice cannot be construed in isolation from the factual matrix of the case or it has many a facets.

Effect of Purchases Made From Suspicious Dealers on Audit Report

August 30, 2012 7427 Views 0 comment Print

Much has been discussed on recent issue about Suspicious Dealers, but rarely has someone analysed Whether Purchases made from such Suspicious Dealers should actually form part of Purchases while preparing Financials. The last updated List of 1277 Suspicious Dealers who has issued false bills without delivery of goods is displayed on Website of Government of Maharashtra – VAT Department since July-12.

Delegation of powers to Regional Directors under sectionS 17, 18, 19, 141 and 188 of the Companies Act, 1956

August 30, 2012 790 Views 0 comment Print

I am directed to refer to this Ministry’s letter of even no. dated 31-7-2012 on the subject cited above and say that wherever fee on pending cases under sections 17, 18, 19, 141 and 188 of the Companies Act, 1956 have already been paid by the companies/stakeholders at the time of filing of petition, consequent upon the transfer of applications/petitions from Company Law Board to the concerned Regional Directors,

Taxability of Amount received by society from its members for TDR transfer

August 30, 2012 1696 Views 0 comment Print

The TDR premium is liable to be paid by a member of the society who desires to utilize additional FSI in the form of transferable development rights. The principle of mutuality would clearly apply to instant case. In the context of the payment of non-occupancy charges by a member of a co-operative housing society to the society, a Division Bench of this Court held in Mittal Court Premises Co-operative Society Ltd. v. ITO [2010] 320 ITR 414, that the principle of mutuality would apply.

SC differs with Judgement granting Interest on excess TDS & Advance Tax

August 30, 2012 1769 Views 0 comment Print

In our view, the judgement of this Court in the case of Modi Industries Limited v. Commissioner of Income Tax, 1995 (6) S.C.C. 396 = (2002-TIOL-446-SC-IT) correctly holds that Advance Tax or TDS loses its identity as soon as it is adjusted against the liability created by the Assessment Order and becomes tax paid pursuant to the Assessment Order.

Anti-dumping duty on imports of Metronidazole, originating in, or exported from China

August 30, 2012 957 Views 0 comment Print

Notification No.40 /2012-Customs (ADD) Seeks to levy anti-dumping duty on imports of Metronidazole, originating in, or exported from People’s Republic of China, for a further period of five years

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