Only grievance of the Revenue is that the amendment brought in the Income Tax Act u/s. 40(a(ia) was only effective from 1.4.2010 and not retrospective in nature. However, we find that in a catena of case laws as mentioned, it has been held that the amendment in section 40(a)(ia) is remedial and curative in nature and has retrospective effect. In this case, admittedly, the TDS deducted was deposited before the date of the filing of the return and under such situation, there cannot be any disallowance u/s. 40(a)(ia). Thus we find that Ld. Commissioner of Income Tax (Appeals) has taken a correct view in the matter, which does not need any interference on our part. Accordingly, we uphold the same.
The Income Tax Department, Shri Pranab Mukherjee, Honorable Finance Minister, Govt. of India inaugurated the ‘Aayakar Seva Kendra’ at Central Revenue Building, Bamboo Villa, Kolkata on 27.05.2012 in the august presence of Shri Laxman Das, Honorable Chairman, CBDT and Shri D. Dasgupta, Chief Commissioner of Income Tax (CCA), West Bengal.
(1) Whether, based on the facts and circumstances of the case, receipts by the Applicant as per the Contract for the overhauling services would be taxable as Fees for Technical Services in India under the Act? – (2) Whether the consideration receivable under the Contract would fall within the definition of Fees for included services under Article 12 of the Indo-US DTAA? Would the services make available any technical knowledge, experience, skill, know-how, or processes, or consist of the development and transfer of a technical plan or technical design in terms of Indo-US DTAA?
Rule 40 of Rajasthan VAT Rules governs the Works Contract Tax liability of the awarder which can be summarized as below. 1. Submit Information to VAT Department Awarder Shall submit information to his jurisdictional Asstt Comm or ACTO upon entering into a works contract exceeding Rs. 5 Lacs. Time limit for submitting of this information is within 1 month from the date of contract. Form VAT-40 is the form prescribed for submission of this information.
After the sharp criticism over the steepest hike, petrol price was on Saturday cut by Rs 2 per litre, a partial rollback of the Rs 7.54 a litre increase affected more than a week ago. The reduction, a result of fall in international oil prices, will mean that petrol in Delhi will cost Rs 71.18 per litre from midnight tonight, as against Rs 73.18 at present.
Once under the special provision of section 44AD of the IT Act exemption from maintenance of books of accounts have been provided and the presumptive tax at 8% of the gross receipts itself is the basis for determining the taxable income, the assessee was not under obligation to explain individual entry of cash deposits in the bank unless such entries had no nexus with the gross receipts. In the present case though from the details filed by assessee the ld. AO observed that no TDS has been recovered, in our opinion, since assessee has disclosed the profits more than 8% of the gross receipts and there is no dispute in receipt of the gross receipts the addition made by ld. CIT(A) u/s 40(a)(ia) of the IT Act is not sustainable. Therefore we confirm the action of ld. CIT(A) and dismiss the appeal of the revenue.
When the assessee reimburses interest payments to parent company for availing loans under its borrowing facility given by the bank, No TDS obligation arises u/s 194A.
We have perused form no. 35 i.e. memo of appeal filed by the assessee before ld. CIT(Appeals). In the grounds raised, there is neither any ground nor whisper about not providing sufficient opportunity by AO while framing the assessment. It is further evidenced from the fact that the assessment proceedings commenced on 26- 9-2008 and assessment order has been passed on 10-11-2009 indicating that sufficient time was given to assessee for compliance. Therefore, there is no justification in the averment of assessee before ld. CIT(Appeals) that sufficient opportunity was not given by AO, therefore additional evidence should be admitted. We are constrained to observe that ld. CIT(Appeals) has admitted the additional evidence in a perfunctory manner without appreciating the role of rule 46A and its requirements and verifying assessee’s averments.
India signed an Agreement with the Government of the Kingdom of Bahrain for the Exchange of Information with respect to taxes (TIEA), here yesterday. The Agreement was signed by Shri Namo Narain Meena, Minister of State for Finance (Expenditure and Financial Affairs) on behalf of Government of India and H.E. Kamal Ahmad, Minister for Transportation and Acting CEO of the Economic Development of Bahrain on behalf of Government of the Kingdom of Bahrain.
Addressing the 3rd meeting of the Government-Industry Task Force, here today, The Union Minister of Commerce Industry and Textiles, Shri Anand Sharma said that difficult economic climate not only in the context of Indian economy but the global economic situation at large and extreme concerns with the moderation in industrial growth should not shock us into inactivity.
