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Mistakes in filling up Income Tax Return which results in reduction of refund or additional tax demand

March 23, 2010 45317 Views 17 comments Print

A. Reasons for mistakes in calculation of Income:- The accurate and complete filling up of the relevant column or detail in the Income Tax Return (ITR) form is most crucial for correct calculation of income by the Income Tax Department. As a general principle during processing, in case of any inconsistency between the values as entered in the Schedules and the cross-referenced values in other Schedules or Totals / Summary in PART B-TI,

No capital gains on intra-group transfer of shares in an Indian company for no consideration: AAR

March 23, 2010 1563 Views 0 comment Print

Authority for Advance Rulings (AAR) [2010-TIOL-07- ARA-IT] in the case of Amiantit International Holding Ltd. (Applicant) on the issue of whether the transfer of shares held by the Applicant in an Indian company, to its Cyprus-based 100% subsidiary under a re-organization scheme, is taxable as per the provisions of the Indian Tax Law (ITL)

Discount retained by distributors of SIM cards and recharge coupons liable for TDS

March 23, 2010 1471 Views 0 comment Print

Delhi High Court (HC) [2010-TIOL-139-HC-DEL-IT] in the case of Idea Cellular Ltd. (Taxpayer) on the issue whether the discount retained by Prepaid Market Associates (PMAs) on sale of Subscriber Identification Module (SIM) cards or recharge coupons belonging to the Taxpayer is liable for withholding tax, under the provisions of Indian Tax Law (ITL)

Customs notification – 38/2010 – Regarding anti dumping duty on Coumarin originating in, or exported from China

March 23, 2010 3538 Views 0 comment Print

People’s Republic of China (hereinafter referred to as the subject country) and imported into India, the designated authority in its preliminary findings vide notification No.14/17/2009-DGAD, dated the 29th January, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 29th January, 2010, has come to the conclusion that-

Recovery of drawback amount on the portion of the FOB value of export not realized by the exporter but compensated by ECGC

March 23, 2010 2620 Views 0 comment Print

Section 75 of the Customs Act provides that where any drawback has been allowed on any goods and the sale proceeds in respect of such goods are not realized within the time allowed under the Foreign Exchange Management Act, 1999 such drawback shall be deemed never to have been allowed and the Central Government may, by Rules made under section 75 (2), specify the procedure for the recovery of the amount of such drawback. A procedure has also been laid down under the Customs, Central Excise and Service Tax Drawback Rules, 1995 for recovery of drawback in case of non-realization of export proceeds

Custom notification No. 39/2010, imposing Anti-Dumping duty on imports made from China

March 23, 2010 1053 Views 0 comment Print

the subject goods have entered the Indian market from the subject country at prices less than their normal values in the domestic market of the exporting country;b) the dumping margins of the subject goods imported from the subject country are substantial and above de minimis; and the domestic industry has suffered material injury and the injury has been caused to the domestic industry,

Custom notification No. 37/2010, imposing Anti-Dumping duty on imports made from China

March 23, 2010 565 Views 0 comment Print

For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

Guidelines for Accounting of Repo/Reverse Repo Transactions

March 23, 2010 3875 Views 0 comment Print

The Reserve Bank of India (Amendment) Act, 2006 (Act No. 26 of 2006) provides a legal definition of ‘repo’ and ‘reverse repo’ (vide sub-sections (c) and (d) of section 45 U of Chapter III D of the Act) as an instrument for borrowing (lending) funds by selling (purchasing) securities with an agreement to repurchase (resell) the securities on a mutually agreed future date at an agreed price which includes interest for the funds borrowed (lent).

NC Notification No. 26/2009-Income Tax Dated 22/3/2010

March 22, 2010 502 Views 0 comment Print

NC Notification No. 26/2009-Income Tax WHEREAS by notification of the Government of India, in the Ministry of Finance (Department of Revenue) number S.O. 466(E), dated the 29th March, 2007, issued under clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961 (43 of 1961) the Central Government had notified at serial number 3, “Setting up and running of a school and a Medical Centre-cum -Hospital

NC Notification No. 25/2009-Income Tax Dated 22/3/2010

March 22, 2010 478 Views 0 comment Print

NC Notification No. 25/2009-Income Tax WHEREAS by notification of the Government of India, in the Ministry of Finance (Department of Revenue) number SO. 521(E), dated the 14th July, 1994, issued under sub-section (1) read with clause (b) of the Explanation to section 35AC of the Income-tax-Act, 1961 (43 of 1961), the Central Government had specified at serial number 8, for (a) Furnishing and running of Society

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