The Supreme Court has ruled that the companies have statutory obligation to deduct tax at sources (TDS) on interest payments for the loans taken in the name of its directors. The revenue department is empowered to impose interest on such a company for not deducting tax by declaring it assessee in default, the apex court said.
the Court direct the department to accept the return Forms which are submitted by the taxpayers, subject to a genuine difficulty. After acceptance of those return Forms, on scrutiny if it is found by the concerned officer that there is no genuine difficulty on the part of the taxpayer in giving the details required in various columns, those Forms may finally be treated as not filed as required, and they will be subject to final decision taken by the concerned officer. However, it is also made clear that if under the rules no Annexures are required to be attached then no Annexures shall be attached to the return Form.
Gross total income in Chapter VI-A means the total income computed in accordance with the provisions of the Act before making any deduction under the said Chapter VI-A. Thus, the only deductions which are excluded by that definition are those under Chapter VI-A. More importantly the total income has to be computed in accordance with the provisions of the Income Tax Act. Obviously, the provisions of Income Tax Act includes section 32-AB.
Assessing Officer reopened the assessment of A.Y. 1997-98 on the basis of finding that the assessee had not paid tax on the income declared under VDIS, 97 and made the addition of income declared year-wise under VDIS as unexplained investment. It was held that the addition was not justified as the alleged investments were not made in the immediate preceding financial year to the assessment year under consideration.
Reimbursement of CST will be made on quarterly basis. The application for claiming reimbursement should be filed within a period 6 months from the completion of the quarter in which the claim has arisen.
As a proof of landing of export consignment in specified market, (i) a self attested copy of import bill of entry filed by importer in specified market or (ii) delivery order issued by port authorities or (iii) arrival notice issued by goods carrier or (iv) tracking report from the goods carrier, evidencing arrival of export cargo to destination Focus Market.
It is hereby notified for general information that the organization Engineers India Limited, New Delhi has been approved by the Central Government for the purpose of clause (a) of sub-section (2)of section 35D of the Income-tax Act 1961 for the period from 8.11.2005 to 7.11.2008.
Notification No. 235 – Income Tax It is hereby notified for general information that the organization Mandke Foundation, Mumbai has been approved by the Central Government for the purpose of clause (ii) of sub-section (1) of section 35 of the Income-tax Act, 1961 (said Act), read with Rules 5C and 5E of the Income-tax Rules, 1962 (said Rules), with effect from 1.4.2003 in the category of ‘other Institution’, partly engaged in research activities subject to the following conditions, namely
Notification No. 234 – Income Tax It is hereby notified for general information that the organization The Gujarat Cancer Society, Ahmedabad has been approved by the Central Government for the purpose of clause (ii) of sub-section (1) of section 35 of the Income-tax Act, 1961 (said Act), read with Rules 5C and 5E of the Income-tax Rules, 1962 (said Rules), with effect from 1.4.2001 in the category of ‘other
YOU are liable to deduct TDS. By a mistaken understanding, you deduct less TDS than what was required to be deducted. However the deductee pays the correct Income Tax. Can the Department demand the TDS again from you? Logic would say, NO, but logic and tax don’t always go together and you need the Supreme Court to tell you that on the same income, you cannot levy tax twice.
