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Penalty proceedings invalid if notice issued without mind application

January 25, 2016 3589 Views 0 comment Print

The notice is issued proposing to levy penalty under Section 271(1) (b) of the Act whereas the order is passed by the Assessing Officer under Section 271(1) (c) of the Act which clearly indicates that there was no application of mind by the Assessing Officer while issuing the notice under Section 274 of the Act.

Plan, Prosper and Relax-In Commendation of Income-Tax Planning

January 23, 2016 2991 Views 1 comment Print

A large part of a tax-payer’s income goes away by way of Income-tax. For this reason tax- payer is always on the look-out of ways and means for minimising his tax liability. The best way to achieve this objective is to utilise the services of a tax-expert and get one’s tax-affairs so arranged within the four corners of taxation-laws, that his incidence of taxation is minimised.

Employers T.D.S. Headache & Its Remedy

January 23, 2016 3529 Views 0 comment Print

(S.192 Of The Income Tax Act) The present day employers, particularly large corporate employers, are a harried lot. The Government has found a new tool in the form of enlargement of the scope of Tax Deduction at Source (T.D.S.) for augmenting tax revenues. Vide Finance Act 1995 , the scope of T.D.S. has been vastly […]

Service Tax on Services by Government or local authority

January 22, 2016 24018 Views 1 comment Print

With effect from 14.05.2015 Government means the Departments of the Central Government, a State Government and its Departments and a union territory and its departments but shall not be include any entity, whether created by a statute or otherwise, the accounts of which are not required to be kept in accordance with article 150 of the Constitution or the rules made theirunder

Undisclosed Investment Is Not Actually Undisclosed

January 22, 2016 2776 Views 1 comment Print

Below is a simple ten step process by which you can have access to most of the financial and secretarial information of any active corporate, which follows good corporate governance norms. The key is that the corporate should file the compliance documents within the stipulated time as per provisions of the Companies Act and hence the e form becomes a Public document which can be accessed.

Clash of titans, sec 192 Vs sec 206AA

January 22, 2016 7063 Views 2 comments Print

Rashtriya Ispat Nigam Ltd. v. Addl CIT (TDS), ITAT Visakhapatnam) Even if there is no PAN, if the deductor has deducted TDS as per provisions of sec 192, Section 206AA does not over-ride section 192 in terms of the requirement of “at the rates specified in the relevant provisions of the Act.

Rectification application can be filed,claiming benefit of a subsequent Judgement,even assessments were completed

January 20, 2016 2599 Views 1 comment Print

In an important judgement in the case of Sri Anjaneya Agro Tech Private Limited Vs. The Dy. Commissioner of Commercial Taxes (Audit) [2016-VIL-63-KAR], Hon ‘ble High Court of Karnataka has ruled that assessee-dealer is entitled to claim benefit of a subsequent judgement of the court, even after completion of assessments, by filing rectification application.

Services having indirect nexus with business are Input services

January 14, 2016 8593 Views 1 comment Print

Input services not only cover services of falling in the substantial part of Rule 2(l) of the Cenvat Credit Rules, 2004 but also cover services which are covered under the inclusive part as the same having some sort of nexus with the business activity of the assesses.

Entire Cenvat credit cannot be disallowed for part wrong availment

January 8, 2016 8407 Views 0 comment Print

It is held that merely because assessee has not reverse credit attributable to provision of exempted services would not disentitle it to claim credit which is otherwise available in respect of input services used in provision of taxable services.

No CENVAT reversal under Rule 6 on SEZ supply wef 10/09/2004

January 6, 2016 4075 Views 1 comment Print

It was held that the supplies to SEZ should be treated as exports and no reversal of CENVAT is required to be done under Rule 6 as amended with effect from 10.09.2004.

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