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AAR on Allowability of deduction U/s. 36(1)(viii) / 36(1)(viiia) of IT Act claimed by a Government company

May 10, 2009 14841 Views 0 comment Print

5. It would be appropriate to reproduce section 36(1)(viii) of the Act as it stood in the relevant assessment years i.e. A.Y.1997-98 in the following terms: – Section 36(1)(viii) : as it stood in the statute during the A.Y.(1997-98) 36(1) – The deductions provided for in the following clauses shall be allowed in respect of the matters dealt with therein, in computing the income referred to in section 28

Sharing of knowledge shall not be called as consulting engineering service when expertise acquired by a concern is also used for its own benefit along with others

May 10, 2009 466 Views 0 comment Print

6. We have thoroughly gone through the averments of both the sides. To appreciate the case of the Revenue, Revenue should have brought to record that Nyco is a consulting engineering firm providing engineering service commercially having been manned by professional qualified engineers. But primary object appears to be sharing of know how to participate in a joint venture to enjoy fruit

Contract for sale of goods will not be covered within ambit of section 194C of Income Tax Act, 1961

May 10, 2009 2968 Views 0 comment Print

23. After careful consideration of the above circular it is clear that the contract for the sale of goods will not be covered within the ambit of sec. 194 C. In the present case we find that the assessee placed orders with the manufacturers for manufacturing of the medicines strictly according to its specifications but the property in such goods passed to the assessee only after these were delivered to him

Allowability of loss to be carried forward and set off against future income U/s. 80 of IT Act

May 10, 2009 1038 Views 0 comment Print

11. Having heard the learned counsel for the Revenue as well as the assessee we are of the view that the answers to the questions framed has to be found in favour of the assessee and against Revenue for the reasons given hereinafter. It is clear upon perusal of the facts and circumstances quoted by us hereinabove that if JISCO had to have a successful rights issue it was incumbent that it received a subscription

Mere fact of confirmation of addition cannot per se lead to confirmation of penalty U/s. 271(1)(c) of IT Act

May 10, 2009 1090 Views 0 comment Print

8. We have heard the rival submissions and perused the relevant material on record. A great deal of emphasis had been laid by he Id. DR on the fact that since the addition has been upheld by the tribunal, then the penalty should also be confirmed. In our considered opinion the mere fact of confirmation of addition cannot per se lead to the confirmation of the penalty

Limitation of time is not a determining factor in matters relating to remission or cessation of liabilities

May 10, 2009 594 Views 0 comment Print

9. From the rival positions of both the parties as well as the provisions of section 41(1) and the legal propositions of various judicial fora, the following issues have emerged. They are: (a) the issue of limitation of period of three years; (b) the issue of discharge of onus, when the assessee has not unilaterally written them off; (c) the issue of unilateral write off for the assessments of the post amendment period i.e. 1.4.1997

CVC launches prosecution against 5 CBEC officers; imposes major penalty on 3 CBDT officials

May 10, 2009 1720 Views 0 comment Print

THE general perception about vigilance cases among Government officials is that the launching of a vigilance case takes no time but closure becomes indefinite. Dispelling such a myth the Central Vigilance Commission (CVC) in its report for the month of March, has revealed that as many as 488 officers were exonerated and closure of their […]

Income tax forms in excel, word & PDF format

May 10, 2009 874037 Views 76 comments Print

On the request of my viewers I have uploaded some of the Income Tax forms in Excel, Word and PDF Format. Although, I haven’t uploaded all the forms but I uploaded most of the important forms. If any viewers have any form other then those uploaded in excel word format he can mail those to us at our mail id info@taxguru.in and we will upload the same on our website for the benefit of other viewers.

New Training Structure for the students of CS Course

May 9, 2009 3403 Views 0 comment Print

To, The Chairmen/Executive Officers All the Regional Councils & Chapters of ICSI The Council of the Institute in its 183rd meeting held on 8th-9th November, 2008 has approved the new training structure as under.   I.       Duration of training  It was decided that the present period of training of 15 Months may be continued. It was decided that […]

Notification No. 105 (RE-2009)/2004-2009, Dated: 08.05.2009

May 8, 2009 442 Views 0 comment Print

In exercise of the powers conferred by Section 5 read with Section 3(2) of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) and also read with Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2004-2009, the Central Government hereby makes following amendments to Notification No. 80 (RE-2008)/2004-09 dated 16th January, 2009.

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