Presently, India is witnessing a knowledge and information technology boom. New BPO (Business Process Outsourcing) units and Call-Centres are being opened every day throughout the length and breadth of the country. In addition, KPO (Knowledge Process Outsourcing) units are also being established in view of tremendous demand for the same. Similarly, there is also a boom in bio-technology research and application.
There are lot of ambiguities in the provisions of fringe benefit tax (FBT), which have been newly introduced in the Income-Tax Act, 1961 (the Act), vide the Finance Act, 2005. Therefore, tax-payers were expecting that the explanatory notes in respect of the aforesaid provisions, to be issued by the Central Board of Direct Taxes (CBDT), would clear up the uncertainties and ambiguities, etc., which have crept there into
The Central Board of Direct Taxes (CBDT) has come out with Circular No.8/2005, dated 29.8.2005, providing Explanatory Notes & clarifications in respect of the provisions of Fringe Benefit Tax(FBT), which have been newly introduced, vide Finance Act, 2005. In my earlier Article on ‘Fringe Benefit Tax – ambiguities explained and doubts resolved’ [published in 276 ITR (Jour.) page 1],
The Finance Act, 2005, has inserted in the Income-Tax Act, 1961 (the Act), a new Chapter XII-H. This Chapter deals with ‘Fringe Benefit Tax’ (FBT) and it contains Sections 115W to 115WL. The provisions of FBT have come into effect from 1.4.2006 viz. assessment year (AY) 2006-07, relevant to financial year (FY) 2005-06. For the purposes of Chapter XII-H, vide Section 115WB(1) of the Act, ‘Fringe Benefits (FB) means any consideration for employment provided by way of –
The Finance Act, 2005, has inserted in the Income-Tax Act, 1961(the Act), a new Chapter XII-H. This chapter deals with a new tax known as, ‘Fringe Benefit Tax’ (FBT) and it contains Sections 115W to 115WL. Chapter XII-H has come into effect from 1.4.2006 viz. assessment year (AY) 2006-07, relevant to the financial year (FY) 2005-06.
The Patna High Court in the case of Ranchi Club Ltd. Vs. C.I.T. [1996] 217 ITR 72 (Pat.), rendered a very significant judgement that interest under Section 234A and 234B is to be levied on the income declared in the return of income and not on the assessed income. This judgement was passed on 13.11.1995. Thereafter, on 2.7.1996, another very significant judgement was rendered in the case of Ranchi Club Ltd. & Others Vs. C.I.T. [1996] 222 ITR 44 (Pat.)
Explore detailed guidance on audit under Section 115JB of the Income Tax Act, 1961. Understand key terms, compliance requirements, and the comparative analysis of Section 115JB with Section 115JA. Learn about the applicability of Section 115JB to foreign companies, presumptive tax provisions, and the responsibilities of companies and auditors. This comprehensive guidance note aims to clarify the complexities and facilitate compliance with Section 115JB for companies and auditors.
Section 72A of the Income-Tax Act, 1961, contains provisions relating to carry-forward and set-off of accumulated loss and unabsorbed depreciation allowance in case of re-organisation of business by way of amalgamation or demerger, etc. Section 72A has undergone a number of amendments since the year it was inserted in the Income-Tax Act, vide Finance (No.2) Act, 1977, with effect from 1.4.1978.
Recently, the Special Bench of the ITAT, Mumbai, has rendered a judgement in the case of Walkeshwar Triveni Co-op. Hsg. Society Ltd. Vs. ITO [2003] 80 TTJ 673 (Mumbai) (SB), which has generated lot of controversy in the legal circles. This judgement has unsettled the well settled legal position in respect of the tax-treatment regarding the transfer fees received by a co-operative housing society.
Recently the Central Board of Excise and Customs issued a circular, Circular No. 4/2004 dt. 16-01-2004 [2004 (163) ELT T29], saying that conversion of Shipping Bills from free Shipping Bill to drawback Shipping Bill or from one export incentive scheme to other should not be encouraged. The said circular imposes conditions which have made it almost impossible to attain such conversion. In this context, the present paper seeks to examine the relevant legal provision for such conversion under the Customs Act, 1962, and propriety and legality of such circular.
