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Penalty can not be imposed u/s. 272A(2)(c) for delay in filing of quarterly returns of TDS

April 26, 2010 7885 Views 0 comment Print

We have heard the rival submissions and carefully perused the record. Admittedly tax was deducted at source and payment was made/deposited within the time provided under the Act and the returns under Form 26Q as well as 24Q were filed with a marginal delay, reckoned from the due date for filing the regular returns as per the old provisions of the Act. It is

Guidelines for market makers on Small and Medium Enterprise (SME) exchange/separate platform of existing exchange having nation wide terminal

April 26, 2010 1455 Views 0 comment Print

SEBI has put in a framework for setting up of new exchange or separate platform of existing stock exchange having nationwide terminals for SME (hereinafter referred to as the ‘Exchange/ SME Exchange’). In order to operationalise the said framework, necessary changes have been made to applicable Regulations, circulars etc. As per the framework, market making has been made mandatory in respect of all scips listed and traded on SME exchange. The following guidelines shall be applicable to the Market Makers on this exchange.

TDS u/s.194H on Commission paid on sale of pre-paid & post-paid SIM card

April 26, 2010 5489 Views 0 comment Print

Whether on a true and correct appreciation of the relationship between the assessee and its distributors, the learned Income Tax Appellate Tribunal erred in holding that the payments paid by the assessee is not commission as envisaged under Section 194H of the Act?” This question has arisen for determination for the Assessment Years 2003-04 and 2004-05

Reference in Article 13(3)(c) of Indo-Canada DTAA is to "any copyright" and it is not a reference to "any right" for purpose of terming a payment as `royalty’

April 26, 2010 586 Views 0 comment Print

This appeal preferred by the revenue is directed against the Income Tax Appellate Tribunal .s order dated 28.07.2006 passed in ITA No. 491/Del/2000 and relates to the assessment year 1998-1999.

An assessee does not have to develop entire port to qualify for deduction u/s 80-IA of the Income Tax Act, 1961

April 26, 2010 1242 Views 0 comment Print

The object of Section 80IA was to provide an impetus to the growth of infrastructure in the nation. A sound infrastructure is a sine qua non for economic development. Absence of infrastructure poses significant barriers to growth and development. A model which relied exclusively on the provision of basic infrastructure by the State was found to be deficient.

Reasons recorded by AO for reopening an assessment are the only reasons which can be considered when formation of belief is impugned

April 26, 2010 594 Views 0 comment Print

The principal challenge in these proceedings is to the notices issued by the first respondent under section 148 of the Income Tax Act, 1961 proposing to assess the income of the petitioner for assessment years 2005-06 and 2006-07 on the ground that there is reason to believe that income chargeable to tax had escaped assessment, within the meaning of section 147.

Loss of one industrial undertaking cannot be set off against the profit of another such industrial undertaking for purpose of computing deduction u/s 80-I

April 26, 2010 804 Views 0 comment Print

Where the gross total income of an assessee includes any profits and gains derived from an industrial undertaking or a ship or the business of a hotel or the business of repairs to ocean-going vessels or other powered craft to which this section applies, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction from such profits and gains of an amount equal to twenty per cent thereof:

Brand Rate of Duty Drawback – References received in the Board regarding old claims

April 26, 2010 1490 Views 0 comment Print

I am directed to refer to Board’s Circular No. 14/2003-Cus dated 6.3.03 whereby the work related to fixation of Brand rates of Duty Drawback was decentralized. Para 5 of the said Circular stated that the Ministry would continue to consider and dispose off all residual pendency relating to the Brand rate applications. More than 7 years have passed since the issue of this Circular, but still at times requests are received in the Board relating to brand applications filed by the exporters prior to the decentralization of this work in 2003.

Make phone banking more secure or face penalty: RBI

April 25, 2010 468 Views 0 comment Print

Banks will have to soon put in place an additional authentication cover for their credit and debit card customers transacting over phone, or get penalised. Taking forward its efforts to tackle identity frauds in non-branch banking transactions, the Reserve Bank has asked all the banks operating in the country to put in place by next year a system where credit and debit card customers would need to provide an additional password for IVR (interactive voice response) transactions.

CAG reported 3 per cent decline in number of Assessee in 2008-09

April 25, 2010 648 Views 0 comment Print

Official auditor CAG on Friday pulled up the Income Tax department for not being able to retain the existing tax base in 2008-09, particularly among corporate taxpayers. “The number of assessees declined by 3 per cent compared to an increase by 7.6 per cent in 2007-08. The decline was sharper among corporate assessees, indicating, inter alia, stop-filing which would nee to be reviewed by the Board (Central Board of Direct Taxes),” the Comptroller and Auditor General (CAG) said in a report tabled in Parliament today.

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