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Appellate authority has every right to remand a matter on a specific point if the mistake of the authority below is limited to that very point and, in such a situation, there is no necessity to pass an order of a fresh assessment on all points

August 27, 2011 2262 Views 0 comment Print

Surajmall Lalchand & Sons Vs ACIT- XI (Calcutta High Court)- In the case of CIT vs. H. P. State Forest Corporation Ltd (supra), a Division Bench of Himachal Pradesh High Court was considering a case where the accounts of the assessee, a State Government Corporation, not having been audited by the office of the Comptroller and Auditor General, the Assessing Officer treated the assessee’s return as a non est and passed order of assessment under Section 144 of the Act.

Discretion lies with the Tribunal to admit additional evidence in the interest of justice

August 27, 2011 5512 Views 0 comment Print

CIT Vs Text Hundred India Pvt. Ltd. (Delhi High Court)- Rule 29 of the ITAT Rules – Additional evidence should be allowed to be submitted at the Tribunal to prove benefit received by receipt of management services by the Assessee. AO denied deduction of management services charges alleging that the same didn’t provide benefits to the recipient of services.

Transfer Pricing- Comparables have to be compared on similar standards

August 27, 2011 1802 Views 0 comment Print

All the com parables have to be compared on similar standards and the assessee cannot be put in a dis-advantageous position, when in the case of other companies adjustments for under utilisation of manpower is given. The assessee should also be given adjustment for under utilisation of its infrastructure. The AO shall consider this fact also while determining the ALP and make the TP adjustments.

If Additions based on seized materials sustained, penalty is warranted

August 27, 2011 1369 Views 0 comment Print

Triumph International Finance I Ltd Vs ACIT (ITAT Mumbai)- the undisclosed income determined in the case of the assessee is not as a result of disallowing any claim of the assesse because the same is not allowable as per the provisions of law but undisclosed income has been determined on the basis of the evidences found during the course of search, which has established the fact that the true nature of transactions have not been recorded by the assessee in the books of account and the same has resulted the undisclosed income.

TRO can sell the right, title and interest of the defaulter assessee and nothing more, If the said right, title and interest is hedged with the conditions or fetters, the sale will be made subject to the said condition/fetters

August 27, 2011 1527 Views 0 comment Print

CIT Vs M/s Mono flex India Pvt Ltd (Delhi High Court)- Whether when the property, which was auctioned by the TRO for recovery of tax, is a leased property to the defaulter under a perpetual lease agreement, the right in the said property can only be transferred after payment of the unearned increase payable to the lessor of the property as was payable under the lease agreement

ICSI – Last date for Annual Membership fee for the year 2011-12

August 27, 2011 882 Views 0 comment Print

The names of the member s who will not remit their annual member s hip fee for the year 2011-12 by the la s t extended date i.e. 31st August, 2011 will stand removed from the Register of members w.e.f. 1st September, 2011. They shall be required to pay the entrance fee of Rs. 1500/- and Rs. 1000/- respectively for ACS & FCS for restoration of membership in addition to restoration fee of Rs. 250/- and annual membership fee.

Government decides to increase the share of Microenterprises in Micro and Small Enterprise (MSE) lending needs too 60% in a phased manner

August 27, 2011 6072 Views 0 comment Print

Loans are sanctioned by the Scheduled Commercial Banks (SCBs) as per financial viability, feasibility of the project and keeping in view their Bank approved policies. However, the Government has decided that the share of Microenterprises in Micro and Small Enterprise (MSE) lending needs to be increased to 60% in a phased manner viz. 50% in the year 2010-11, 55% in the year 2011-12 and 60% in the year 2012-13. It would be mandatory for the Public Sector Banks to achieve this target. Further, banks have been advised by Reserve Bank of India (RBI) to extend liberal moratorium on their term loans and working capital to MSE entrepreneurs by including interest during first 6-12 months of operation as part of the long term funding of the projects.

From 1st October 2011 all type of Assessee’s required to file Service Tax Return Electronically/Online

August 27, 2011 12482 Views 0 comment Print

Notification No. 43/2011 – Service Tax In the Service Tax Rules, 1994, in rule 7, – (a) in sub-rule (2), the proviso shall be omitted; (b) after sub-rule (2) as so amended, the following sub-rule shall be inserted, namely:- (3) Every assessee shall submit the half-yearly return electronically.

Gujarat HC upholds constitutional validity of service tax on renting of immovable property

August 27, 2011 5008 Views 0 comment Print

Cine max India Limited Vs Union Of India & Anr. (Gujarat High Court)- While upholding Sec.65[105][zzzz] of Finance Act, 1994 as amended by Sec.75[5][h] and Sec.76 of the Finance Act, 2010, we hold that the provision of Sec. 65[105][zzzz] introducing service tax is not attracted if

Automated Form 16 for FY 2010-2011 & AY 2011-12

August 27, 2011 8092 Views 0 comment Print

With this Excel utility we can generate our Form 16 in few minutes without any difficulty, user just have to fill the simple form and data automatically get posted to Form 16. Utility is easy to understand and very simple. Automated Form 16 for Assessment Year 2011-12

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