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Levy of interest us 234A, us 234B and us 234C – How much mandatory?

December 13, 2010 736 Views 0 comment Print

As a general rule, levy of penal interest us 234-A, us234-B and us 234-C for alleged delay in depositing taxes has held to be mandatory by the Supreme Court in the case of CIT vs. Anjum M.H. Ghaswala [2001] 252 ITR 1 {SC}. Unless there is no expre

Penalty U/S 271(1)(c) Not Leviable Without Statutory Provision: Delhi HC

December 13, 2010 641 Views 0 comment Print

Delhi High Court rules on penalty under Sec 271(1)(c) in CIT Vs Nalwa Sons. Case involves tax assessment, book profits, and disallowed deductions. Read more.

Accrual of income must be factual and not merely contractual

December 13, 2010 1590 Views 0 comment Print

ITAT was right in law and on merits by deleting the additions of income made as interest earned/acquired on the loan advanced to M/s Shaw Wallace by considering the interest as doubtful and unrealizable.

S.192 TDS on Salary Provisions for A.Y. 2011-12

December 13, 2010 29478 Views 0 comment Print

CIRCULAR NO 08/2010,Dated: December 13, 2010. Income-Tax Deduction from Salaries during the Financial Year 2010-2011 under Section 192 of the Income-Tax Act, 1961. The present Circular contains the rates of deduction of income-tax from the payment of income chargeable under the head Salaries during the financial year 2010-2011 and explains certain related provisions of the Income-tax Act. The relevant Acts, Rules, Forms and Notifications are available at the website of the Income Tax Department

Mere Short period of holding shares does not imply that intention was only to trade in security

December 13, 2010 1057 Views 0 comment Print

Primarily, the intention with which an assessee starts his activity is the most important factor. If shares are purchased from own funds, with a view to keep the funds in equity shares to earn considerable return on account of enhancement in the value of share over a period then merely because the assessee liquidates its investment within six months

Penalty Provisions under Service Tax Law

December 12, 2010 41509 Views 0 comment Print

Non payment or delayed payment of service tax- A mandatory penalty, not less than Rs.200/- for every day during which such failure continues or @2% of such tax per month, whichever is higher, shall be imposed by the adjudicating authority. However, t

Service Tax Exemption and Related Provisions in brief

December 12, 2010 2500 Views 0 comment Print

Taxable services provided by the small scale service provider were exempted from whole of service tax leviable there-on upto the aggregate taxable value Rs.4 lakhs in any financial year of vide Notification No.06/2005-ST dated 01.03.2005 (effective f

FAQ related to Service Tax Refund

December 12, 2010 2525 Views 0 comment Print

Can any adjustment of tax liability be made by an assessee on his own, in cases when Service Tax has been paid in excess? i. Yes. Where an assessee has paid Service Tax to the credit of the Government in respect of a taxable service, which is not s

Service Tax Provisions Related to Filing of Half Yearly Returns and Records to be Maintained by Assessee

December 12, 2010 5504 Views 0 comment Print

What are the Returns a service tax assessee has to file? ST-3 Return – For all the registered assessee, including Input Service Distributors, (Ref. Section 70 of Finance Act,1994 and Rule 7 of Service Tax Rules, 1994 read with Notfn.No. 14/2007-ST

When clients (recipient of service) do not pay service tax amount, what should be done?

December 12, 2010 3483 Views 1 comment Print

Is the Service Tax payable by the assessee even in cases where his clients [recipient of service] do not pay for the service(s) rendered or when the client pays only a part of the bill raised in this regard? Service Tax is required to be paid at t

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