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This Notification is containing summary of Income Tax Amendment made by Budget 2010 which are applicable for Assessment Year 2011-12 and Financial Year 2010-11. Topis which are covered are as follows:- 1. Rates of income-tax in respect of incomes liable to tax for the assessment year 2010-11. 2. Income deemed to accrue or arise in India to a non-resident. 3. Computation of exempted profits in the case of units in Special Economic Zones .4. Cancellation of registration obtained under section 12A. 5. Weighted deduction for scientific research and development. 6. Investment-linked deduction for specified businesses. 7. Disallowance of expenditure on account of non-compliance with TDS provisions. 8. Limit of turnover or gross receipts for the purpose of audit of accounts and for presumptive taxation 9. Conversion of a private company or an unlisted public company into a limited liability partnership (LLP).
Centralized Processing Center (CPC), Bangalore has been actively processing of returns for AY 2010-11. As on 01/4/2011 it has processed over 44.7 lakh e-filed returns of AY 2010-11 in all categories of ITRs including Corporate Returns and generated refunds in over 15.45 lakh cases. The Income Tax Department has now extended the last date for sending ITR Vs for AY 2010-11 to 31st July, 2011 or 120 days whichever is later.
INSTRUCTION NO. 4/2011 [F. NO. 279/MISC./M-20/2011-ITJ], DATED 9-3-2011 – Several instructions and directions have been issued by the CBDT from time to time emphasizing upon the need for timely filing of appeals/SLPs in the Supreme Court and proper conduct of litigation. However, a number of SLPs are being filed with inordinate delay. In the wake of repeated displeasure expressed by the Hon’ble Supreme Court on the present state of affairs, Ld. Attorney General for India has advised the Board to work towards a “Zero Delay Regime” in the matter of filing of appeals/SLPs.
CIT v Grewal Brothers – No doubt the firm and the partners may be separate entities for income tax and it may be permissible for a firm to give a contract to its partners and deduct tax from the payment made as per s 194C, but it has to be determined in the facts and circumstances of each case whether there was any separate subcontract or the firm merely acted as an agent as pleaded in the present case. The case of the assessee is that it was the partners who were executing the transportation contract by using their trucks and the payment from the companies was routed through the firm as an agent. The CIT(A) and the Tribunal accepted this plea on facts. Once this plea was upheld, it cannot be held that there was a separate contract between the firm and the partners in which case the firm was required to deduct tax from the payment made to its partners under s 194C.
Notification No. 19/2011 – Income Tax – In the Income-tax Rules, 1962 (hereinafter referred to as the said rules), in rule 5C, – (a) the word “scientific”, wherever it occurs, shall be omitted; (b) in sub-rule (1) in clause (i) after the words, brackets and letters “clause (ii)”, the words, brackets and letters “or clause (iii)” shall be inserted. 3. For the rule 5D of the said rules, the following rule shall be substituted, namely:– “5D. Conditions subject to which approval is to be granted to a research association under clause (ii) or clause (iii) of sub-section (1) of section 35.–(1) The sole object of the applicant research association shall be to undertake scientific research or research in social science or statistical research as the case may be.
Notification No. 18/2011 – Income Tax The return of income required to be furnished in Form SAHAJ (ITR-1) or Form No. ITR-2 or Form No. ITR -3 or Form SUGAM (ITR-4S) or Form No. ITR -4 or Form No. ITR-5 or Form No. ITR -6 shall not be accompanied by a statement showing the computation of the tax payable on the basis of the return, or proof of the tax, if any, claimed to have been deducted or collected at source or the advance tax or tax on self-assessment, if any, claimed to have been paid or any document or copy of any account or form or report of audit required to be attached with the return of income under any of the provisions of the Act.
Synergy Entrepreneur Solutions Pvt Ltd vs. DCIT (ITAT Mumbai)- The reason given for the revision in the s. 263 order (that the AO has not verified the issue) is different from the reason set out in the show-cause notice (that speculation loss cannot be set-off against other income). If a ground of revision is not mentioned in the show-cause notice, it cannot be made the basis of the order for the reason that the assessee would have had no opportunity to meet the point (Maxpack Investments 13 SOT 67 (Del), G.K. Kabra 211 ITR 336 (AP) & Jagadhri Electric Supply 140 ITR 490 (P&H) followed);
ORDER NO.59 OF 2011- The following officers in the grade of Joint / Additional Commissioner of Income Tax are hereby transferred and posted at the station indicated against each in the Directorate of International Taxation and Transfer Pricing with immediate effect and untill further orders:
The post of Income ‘Tax Ombudsman is in the HAG Pay Scale of Rs. 75500-80000/-. Therefore, it is requested that names of suitable officers fulfilling the eligibility criteria mentioned in the Income Tax Ombudsman Guidelines, 2010 (copy enclosed) indicating their preferred locations may be sent by 29.04.2011 to enable selection of Income ‘fax Ombudsmen. In case no preference of locations is indicated, it would be presumed that he/she is willing to be posted in any of the locations, The applications received after the clue dale will not be considered and ate liable to be rejected. The nominations should be accompanied with Cadre clearance, History of postings, Vigilance clearance and ACR dossiers.
From the desk of Chairman,CBDT- CIT wise details of AY10-11 paper refund Returns entered into the system but not processed is given herein below. These lists, however, do not give the true and complete picture of pending refunds, as the Systems does not have any visibility of paper refund Returns not entered onto the system. On the basis of the statistics available for earlier years, CBDT estimates the said paper refund Returns not entered onto the system so far at around 8 lacs, a large number of which pertain to Mumbai & Delhi. Today April 03 morning, CCITs (CCA) of Mumbai & Delhi have been sensitized by the Chairman personally about the need to issue all refunds by April 10 2011. All officers, especially those posted at Delhi & Mumbai, are once again advised to rise to the occasion & issue all refunds by this date.
