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Coming to the issue as to whether the AADT with Malasia would disentitle the deduction we agree with the submissions of the assessee that the whole world income is taxable in the hands of the assessee under the provisions of the Act and when it is done so, section 90(2) mandates that the provisions of this Act shall apply to the extent they are more beneficial to the assessee.
Section 115A; vs DTAA rate; Assessee can choose between treaty rate and 115A for different agreements before and after 1.6.2005. Assessee has not invoked or applied the provisions of the Treaty selectively. The assessee has computed the tax on royalty income arising from two different contracts falling under two different limbs of section 115A(1)(b) at two rates
The term ‘slump sale’ has been defined to mean a transfer of a business undertaking or a business for a lumpsum consideration with all its assets and liabilities, without values being assigned to individual assets/liabilities. The said term has no other significance and we should not read into and understand that the word ‘sale’, used in the term ‘slump sale’, as a cause/reason to give a restrictive meaning to slump sale, i.e. it can only apply to sales in a narrow sense and not to transfers under Section 2(47).
On a difference of opinion among the two Members of the Tribunal, the ld.Third Member was called upon to answer two questions on which there was difference of opinion among the two members who framed the questions and the ld.Third Member in a well considered order, answered the reference by giving sound and valid reasons agreeing with the views of the ld. Judicial Member. Thus, the majority view was in favour of the assessee.
For application of Sec.50C that the transfer must be of a capital asset, being land or building or both. If the capital asset under transfer cannot be described as land or building or both then section 50C will cease to apply. From the facts of the case narrated above, it is seen that the assessee has transferred booking rights and received back the booking advance. Booking advance cannot be equated with the capital asset and therefore section 50C cannot be invoked.
These appeals were originally posted for hearing on 09.11.2011 (vide AD card) and at the request of the assessee it was adjourned from time to time and finally posted for hearing on 04.04.2012 on which date none appeared on behalf of the assessee. Though the assessee has raised several grounds no material, whatsoever, was filed to contradict the findings of the learned CIT(A). Under these circumstances, applying the decision of the Hon’ble Bombay High Court in the case of M/s. Chemipol vs. Union of India in Central Excise Appeal No. 62 of 2009 we dismiss the appeals filed by the assessee for want of prosecution. Assessee is at liberty to move appropriate application for recall of the order, if permissible under the law.
According to a CBDT Notification, only a specified class of persons has been exempt form the requirement of furnishing a return of income for the assessment year 2012-13 subject to certain conditions. Class of persons implies an individual whose total income for the assessment year 2012-13 (in financial year 2011-12) does not exceed Rs. 5 lakh (i.e. it is Rs. 5 lakh or below Rs. 5 lakh) for the whole of 2011-12 and consist of only incomes chargeable to income tax under the income heads of ‘salaries’ and / or ‘income forms other sources’ earned by way of interest from a saving bank account in a bank not exceeding Rs. ten thousand.
The attached form has an input sheet in which You have to fill all the details and Form 16 will automatically get filled. To Display new Indian Rupee font user have to install the new Indian Rupee font on his computer. Font is available on many websites for free. One such website is http://blog.foradian.com/rupee-font-version-30
TDS on Salary Calculator for Employers for A.Y. 2012-13 F.Y. 2011-12. Calculate TDS of more then one employee in single file. 1 Fill the data in sheets Bonus, arrear, Apr to Dec only 2 Estimates will be automatically calculated 3 ESI and PF in Estimate calculation applied only for applicaple employee, formula can be copied or deleted as and when applicable 4 in TDS sheet Green colour cells only should be filled manually apart from that Emp Id, Name, Gender and Designation can be filled.
Instruction No.1979 dated 27.3.2000, provided that no appeal would be filed before Tribunal if the tax effect was less than Rs.1.00 lacs, and thereafter Instruction dated 17.7.2003 clarified that monetary limit/tax effect mentioned in the Circular has to be read as revenue effect which would mean tax, interest, penalty. Further, vide circular dated 24.10.2005 CBDT enhanced monetary limit for filing appeal before the Tribunal to Rs.2.00 lacs and vide Instruction No.16.7.2007 it was clarified that the tax effect would mean tax only and no interest. CBDT by subsequent Instruction No.5 of 2008 dated 15.5.2008 clarified that the tax effect would also mean notional tax effect in cases of losses.
