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Whether the transfer of goods as a contribution for capital be considered as Sale?

March 31, 2012 1089 Views 0 comment Print

Transfer of goods on sale of the business as a whole by a proprietor to a company in which he is a promoter, as his contribution for capital, is a ‘sale’ under Uttar Pradesh Value Added Tax Act, 2008

S. 80-IB(10) Multiple Housing Projects On 1 Acre Plot Permissible

March 31, 2012 2721 Views 0 comment Print

For the purposes of Section 80IB (10) it is not the mandate of the Section that the housing project must be on a vacant plot of land having minimum area of one acre and that where a new housing project is constructed on a plot of land having minimum area of one acre but with existing housing projects would qualify for Section 80IB (10) deduction.

Participatory Note holders not liable to pay tax in India – FM

March 31, 2012 954 Views 0 comment Print

Finance Minister Pranab Mukherjee today said that persons investing in stock markets through participatory notes, P-Notes, will not have to pay taxes in India. The assurance pushed up the stock market today. He told reporters in New Delhi that the Minister said, the income tax department would examine the tax liability of the FIIs.

Mere making of non sustainable claim not amounts to furnishing inaccurate particulars

March 31, 2012 1564 Views 0 comment Print

There is no finding recorded by assessing officer that any details supplied by the assessee in its return were found to be incorrect or erroneous or false. A mere making of the claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate particulars regarding the income of the assessee. Such claim made in the return cannot amount to the inaccurate particulars.

Internet around the world may shut down today

March 31, 2012 2988 Views 0 comment Print

Today there is a strong possibility that you won’t be able to indulge in your favourite internet activities like shopping and surfing due to a hacking group – Anonymous – which has threatened to shut down the net.

How to apply online for Profession Tax Registration

March 31, 2012 241964 Views 43 comments Print

Revised Procedure: As a step towards e-governance, the above procedure of manually submitting applications for registration and enrolment is being changed. From 1st April 2012 onwards, the application for registration (PTRC) and enrolment (PTEC) under Profession Tax Act should be electronically uploaded in ‘Form I’ or ‘Form II’ respectively, as provided on the web-site of the Sales Tax Department, Government of Maharashtra i.e. www.mahavat.gov.in. Notification to that effect has been issued, as referred above. The remaining processes of obtaining registration/enrolment such as verification of documents etc. will remain the same.

Fema – Review of all-in-cost (AIC) on External Commercial Borrowings (ECB) and Trade Credit

March 31, 2012 1335 Views 0 comment Print

On a review of the conditions in the global financial markets, it has been decided to continue with the enhanced all-in-cost ceiling for ECB and trade credit for a further period of six months as under:

Deduction for Short fall cannot be rejected merely because securities were valued as per RBI notification

March 31, 2012 864 Views 0 comment Print

Short fall in the market value of securities. – Rs.4,29,64,559.00 – we are of the view that the claim of the assessee could not be rejected merely on the ground that in the books of account the securities were being valued as per the notifications issued by the R.B.I. However, it is not clear from the orders of the lower authorities whether such securities were held by the assessee by way of stock in trade or by way of investment.

No appeal before ITAT if tax effect less than Rs. 3 lac

March 31, 2012 1228 Views 0 comment Print

At the outset, it was pointed out by the learned AR that the tax effect in the present case is less than Rs. 3 lac. He has produced before us the demand notice according to which the total tax has been computed at Rs. 2,12,781/-. The learned DR could not controvert the quantum of tax effect.

S.43B Payment of licence fee in the nature of rent is not a statutory levy

March 31, 2012 2904 Views 0 comment Print

Calcutta High Court held that the fee or charges received by the Government for parting with its exclusive right to manufacture or vend intoxicants is neither a tax nor a duty nor a fee nor a cess. Here in the present case, the KMC’s exclusive right to built market and let out to shop owners on licence basis under licence agreement dated 15.02.1985 is not a fee as prescribed u/s. 43B of the Act.

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