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When the company is under liquidation, appeal could only be filed by official liquidator

February 17, 2012 5071 Views 15 comments Print

Kuber Mutual Benefits Ltd. Vs. ACIT (ITAT Delhi) – It is not in dispute that assessee company is under liquidation and official liquidator stands already appointed by the order of the Hon’ble Court. As per Companies Act, 1956, no doubt, powers of liquidator which includes the power to defend legal proceedings, civil or criminal are to be in the name and on behalf of the company. Section 178 of the I.T. Act, 1961 recognizes the official liquidator as the concerned person in the case company is under liquidation. Similarly section 2 (7) defines the word assessee. It includes such persons also as assessee who are deemed to be an assessee under any provision of this Act.

Even if Rule 8D not applicable, indirect expenses which may be attributable on a reasonably proper basis can be disallowed

February 17, 2012 3536 Views 0 comment Print

Kama Holding Ltd. Vs. ACIT (ITAT Delhi)- Rule 8D has been held to be retrospective in nature and the dis allowance has been worked out by applying Rule 8D. Hon’ble Bombay High Court in subsequent judgment in the case of Godrej & Boyce Mfg. Co. Ltd. Vs. DCIT & Another (2010) 234 CTR (Bom) 1 has held Rule 8D to be prospective in nature. Thus, Rule 8D would not be applicable to the assessment year in question i.e. 2007-08. The Hon’ble High Court, however, has directed that indirect expenses which may be attributable on a reasonably proper basis can only be disallowed.

Check Status of PAN / TAN Application with NSDL

February 16, 2012 22745 Views 5 comments Print

To know the status of PAN / TAN application filed with NSDL Assessee have to follow the following procedure:- 1. Visit the following Link :- https://tin.tin.nsdl.com/tan/StatusTrack.html 2. In The Application Type we have to choose out of the following two options :- PAN – New / Change Request TAN – New / Change Request

DTC committee favoured raising I-T exemption limit to Rs 3 lakh

February 16, 2012 1940 Views 1 comment Print

The committee, according to sources, wants the government to raise the income tax exemption limit to Rs 3 lakh in view of the near double-digit inflation which has eroded purchasing power of rupee. The Bill has a provision to raise the limit to Rs 2 lakh. Currently, income of Rs 1.80-5 lakh attracts 10 per cent income tax, Rs 5-8 lakh 20 per cent and above Rs 8 lakh 30 per cent.

Income Tax Department Seizes cash,Jewellery and Fixed Deposit worth Rs. 11.61 crore

February 16, 2012 2061 Views 0 comment Print

Cash Worth Rs 2.03 Crore, Jewellery and Ornaments worth the Value of Rs.5.18 Crore, Fixed Deposits of Rs. 4.4 Crore, and Large Number of Documents Seized During the Search Operations by Income Tax Department. It has been reported in certain section of the media that there has been a leak in a search case conducted recently by the Income Tax department on a ‘liquor baron’. It is also being reported in the media that CBDT has instituted an inquiry into the matter.

Packing of export cargo not liable to Service Tax

February 16, 2012 2130 Views 0 comment Print

Besides this, we have to keep in mind the object and purpose of granting service tax exemption on handling of export cargo, which is only to reduce the cost of exporters to send goods for sale in international markets at competitive rates. In fact all kinds of incentives such as tax and duty exemptions are allowed for export cargo to make the Indian goods competitive in international markets.

Guidance Note on Accounting for Real Estate Transactions (Revised 2012)

February 16, 2012 25142 Views 0 comment Print

. This Guidance Note covers all forms of transactions in real estate. An illustrative list of transactions which are covered by this Guidance Note is as under: (a) Sale of plots of land (including long term sale type leases) without any development. (b) Sale of plots of land (including long term sale type leases) with development in the form of common facilities like laying of roads, drainage lines and water pipelines, electrical lines, sewage tanks, water storage tanks, sports facilities, gymnasium, club house, landscaping etc. (c) Development and sale of residential and commercial units, row houses, independent houses, with or without an undivided share in land.

Need to move from government regulation to self regulation says Moily

February 16, 2012 996 Views 0 comment Print

There is an urgent need to move from government regulation to self regulation. This was stated by Union Minister for Corporate Affairs Dr. M. Veerappa Moily while delivering valedictory address at the 8th Corporate Registers Forum (CRF) 2012 here today. He stressed on setting of norms and standards which attract the international firms and setting of standard norms that help to improve good governance.

Notification for Amendment to Rule 52, 53 and 54 of MVAT Rules

February 16, 2012 24273 Views 0 comment Print

Whereas the Government of Maharashtra is satisfied that ircumstances exist which render it necessary to take immediate action further to amend the Maharashtra Value Added Tax Rules, 2005 and to dispense with the condition of previous publication thereof under the proviso to sub-section (4) of section 83 of the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005).

Public Notice No. 99/(RE2010)/2009-14 , Dated: 16.02.2012

February 16, 2012 780 Views 0 comment Print

The description mentioned for item at Sr.No.23, Table-8, Appendix 37D was “G.V.W. exceeding 20 tonnes : Lorries and Trucks”. This description is corrected to read as “g.v.w. exceeding 5 tonnes but not exceeding 20 tonnes:Lorries and trucks”. However, the ITC HS Code 870422 will remain same.

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