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Amounts receivable by a British company (EMEIA) from the applicant under the Area Services & Market Development Agreement not liable to be taxed under the I-T Act as fee for `included services’ or as business profits under Indo-UK Treaty

January 24, 2011 816 Views 0 comment Print

Dissemination of informations, furnishing guidelines and suggesting plans of action aimed at uniformity and seamless quality in business dealings of participating group entities do not per se amount to making available to them technical knowledge and experience possessed by EMEIA to a substantial extent; There is no transfer of technical know-how in that pro

The percentage of female and male candidates passed in PE-II, PCE and IPCE and list of toppers

January 23, 2011 2125 Views 0 comment Print

Chartered Accountants Professional Education Examination-II(PEE-II), Professional Competence Examination (PCE) & Integrated Professional Competence Examinations(IPCE) held in May-2010 The details of percentage of female candidates passed in the above said examinations are given below: EX

No substantial question of law would arise especially in a situation where a finding of fact is not demonstrated to be contrary to the evidence on the record

January 23, 2011 901 Views 0 comment Print

Where it has not been established before the Court that there has been any failure on the part of the Commissioner(Appeals) or the Tribunal to take into consideration relevant and germane circumstances; consequently, it would not be appropriate or proper for this Court to substitute its own conclusion of fact for a conclusion which has been arrived at by the Tribunal.

It is not permissible for the Assessing Officer to place himself in the position of the management of the assessee and take it upon himself to decide how much would be a reasonable expenditure for a particular business purpose

January 23, 2011 477 Views 0 comment Print

While dismissing the appeal filed by the Revenue, it was noted by the Tribunal that nothing had been brought on record, by the Assessing Officer, to suggest that the expenditure was not incurred for the business purpose of the assessee. In the opinion of the Tribunal, if somebody, other than the assessee, benefited from the expenditure incurred by it, that woul

Merely by carrying out processing which result into same commodity, there will not be any manufacturing or production for purpose of section 10B

January 23, 2011 599 Views 0 comment Print

The undisputed fact now is that assessee has imported ascorbic acid FCC grade-iv and after undergoing some processing has made ascorbic acid IP. In the processing the assessee is using certain other chemicals, such as methanol and sulphuric acid for the purpose of cleaning and removing iron and lead contents, if any. The fine grade of ascorbic acid IP i

Indian Retail – Reason behind fall of Subhiksha and Vishal!

January 23, 2011 2406 Views 0 comment Print

The Indian retail industry has been riding a wave for the last couple of years. According to a latest report, retail sales are expected to rise from US$ 343 billion currently to US$ 543 billion. Reliance Fresh, Subhiksha, Vishal Retail, Spencer’s, More, Big Bazaar and many more have entered India since the modern format retail concept began. The expanding middle and upper classes has played a big role in the expansion of existing modern format stores and entry of new ones

Renting of Immovable Property-There shall be no recovery of service tax from the service provider in respect of renting of immovable property alone

January 23, 2011 2254 Views 0 comment Print

In this writ petition there is a challenge to section 65(105)(zzzz) of the Finance Act, 1994 inasmuch as it purports to levy service tax on the renting of immovable property to be used for commercial / business purposes. This provision has been recently amended by the Finance Act, 2010 with retrospective effect from 1-6-2007.

If book results are not rejected, AO has no alternative except to accept the book results

January 23, 2011 1772 Views 0 comment Print

We find that at the time of survey the sample processing was carried out and according to the sample processing, the bi-products consists of chuni, dust, waste, etc. which comes to 8.46% and the books of account reflected the waste and bi-products at 10%. We find from the facts that out of 100 kg. of mug the production of mugdal is 90 kg. and bi-product is 10 kg, which is called `kurma or chuni’. Kurma is bi-product and not a waste or process loss. Kurma is sold in open market and sale proceed has already been credited by the assessee in the books of account. According to the assessee, the actual wast

Mere disclosure of any income or loss without disclosing particulars of income or loss cannot be said to be a full and true disclosure of facts for determining total income under IT Act

January 23, 2011 744 Views 0 comment Print

Merely because the assessee is not required to disclose the particulars of sale and purchase of units in audit report obtained under the Companies Act, it cannot be a bona fide reason or an excuse for not disclosing the same in the statement of accounts or any annexure filed along with the return of income for the purpose of determining the total income under the Act

Now, get refund on all air tickets cancelled two hours prior to flight departure

January 23, 2011 445 Views 0 comment Print

In a big relief to air travellers, domestic airlines have agreed to refund passengers all costs barring the base fare if a non-refundable ticket is cancelled. However, passengers can avail this facility only if they cancel their tickets two hours pri

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