8. We shall first deal with the question whether furnishing of bank guarantee amounts to actual payment and fulfils the conditions stipulated in section 43B of the Act. The requirement of Section 43B of the Act is the actual payment and not deemed payment as condition precedent for making the claim for deduction in respect of any of the expenditure incurred by the assessee during the relevant previous year specified in Section 43B.
20. An Income Tax Officer while passing an order of assessment performs judicial function. An appeal lies against his order before the Appellate Authority. A Revision Application would also lie before the Commissioner of Income Tax. It is trite that the jurisdiction exercised by the Revisional Authority pertains to his Appellate jurisdiction. See Shankar Ramchandra Abhyankar vs. Krishnaji Dattatraya Bapat
7. A plain reading of the section would show that Sub. Sec (1) of 80HHC deals with deduction to be allowed to an assessee who is engaged in the business of export of goods or merchandise. The manner of determining the profits derived from export for the purpose of computation of deduction is provided in sub-sec (3), which has three clauses (a), (b), and (c ) covering three different aspects
19. We heard both sides in detail and considered the issue in the light of the facts of the present case and in the light of various judicial pronouncements relied on by the assessee as well was the Revenue. The assessee purchased the property in 1975. The Notification declaring the said property in the category of capital asset was made in 1994. The property was sold in 2006. Now the case of the assessee is that for the purpose of computing
Notification No. 58/2009 – Income Tax Whereas the annexed Agreement between the Government of the Republic of India and the Government of the Republic of Tajikistan for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to taxes on income signed in India on the 20th day of November, 2008 shall come into force on the 10th day of April, 2009, being the date of the later of the
The Institute of Chartered Accountants of India (Institute) recognises that in the emerging globalised scenario, the Alternative Dispute Resolution (ADR) system is a cost and time effective alternative to the heavily overburdened Courts. Appreciating the larger role of members in Alternative Dispute Redressal Mechanism as well as the significance of dispute settlement in the development […]
In exercise of powers conferred under Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 ( No 22 of 1992) and read with Para 1.3 of the Foreign Trade Policy, 2004-2009, the Central Government hereby makes the following amendment in Para 1C.3 of the Foreign Trade Policy 2004-2009 (updated as on 11.04.2008).
In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2001-Cus (N. T.), dated, the 3rd August 2001, namely.
The CBI today arrested an Assistant Director working in Directorate General of Foreign Trade (DGFT) at Ludhiana for demanding and accepting a bribe of Rs. 3000/- from the complainant for processing his files relating to Duty Entitlement Pass Book (DEPB). Directorate General of Foreign Trade deals with formulation and implementation of foreign trade policy. The […]
Corporate Affairs Minister Salman Khurshid today agreed that the ICAI Act needs some amendments to become a more powerful body post the Satyam scam. “I can see that some amendments (in ICAI Act) are called for but we would like to see what their (ICAI) perspective is,” Khurshid told reporters.However, he refused to give further details, […]
