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Adjustment of TDS refund against Outstanding demand only after intimation

January 18, 2013 2534 Views 0 comment Print

Vide clause 7 of the Notification No. 3/2013, dated 15-1-201 CBDT has specified that an adjustment of refunds against outstanding tax demand can be done u/s 245 of the Act only after issuing prior intimation to the taxpayer.

Soon TDS Correction Statement can be filed with Digital Signature only

January 17, 2013 4272 Views 0 comment Print

Vide clause 4 of the notification CBDT has specified that correction statement of tax deducted at source shall be furnished under digital signature or verified through a process in accordance with the procedure, formats, and standards specified by the Director General.

Penalty u/s 272B is prospective & applicable from 01.06.2006

January 16, 2013 8153 Views 0 comment Print

The provisions of Penalty levied u/s 272B of Income Tax Act, 1961 are prospective i.e. it is applicable from the date of insertion of sub-clause (iv) to section 139A(5B) of the Act i.e. 01.06.2006.

Service tax provisions in case of Raising of Lumpsum Rent & ST Bill

January 16, 2013 3286 Views 0 comment Print

We are a practicing CA firm. We are operating from one rented premises, which belongs to Wife of one of the partner? The Partner’s wife recently raised the bill for rent of 9 months i.e. from 1st April 2012 to 31st December 2012 as one bill on 31.12.2012. No Payment towards the rent been made till 31st December 2012. Now the firm wants to take the credit of Service tax on Rent against its service tax liability for the quarter ending on 31.12.2012. Please suggest.

Taxability and Salient Features of IRFC Tax Free Bonds

January 16, 2013 31085 Views 0 comment Print

The Bonds are issued in the form of tax-free, secured, redeemable, non-convertible bonds and the interest on the Bonds will not form part of the total income as per provisions u/s. 10 (15) (iv) (h) of I.T. Act, 1961

Payment of Advance Tax / TDS cannot tantamount to disclosure of total income – SC

January 16, 2013 2112 Views 0 comment Print

In the instant case, after the search was conducted on 23rd February 2006, it was found that for the assessment year 1995-96, the respondent-assessee had not filed its return of income by the due date. It is only when block assessment proceedings were initiated by the assessing officer, that the assessee filed its return for the said assessment year on 11th July, 1996 under Section 158BC of the Act, showing its total income as Rs.7,02,768/-.

Vehicle financier eligible for depreciation on vehicle not registered it its name – SC

January 16, 2013 2831 Views 0 comment Print

Moto Vehicle Act mandates that during the period of lease, the vehicle be registered, in the certificate of registration, in the name of the lessee and, on conclusion of the lease period, the vehicle be registered in the name of lessor as owner.

Supreme Court guidelines in relation to public interest litigations

January 15, 2013 5765 Views 0 comment Print

However, in an appropriate case, although the petitioner might have moved a Court in his private interest and for redressal of the personal grievances, the Court in furtherance of the public interest may treat it necessary to enquire into the state of affairs of the subject of litigation in the interest of justice.

Valuation of Service- S.67 with Service Tax – ‘Determination of Value’ Rules-2006

January 15, 2013 82616 Views 0 comment Print

In cases where the service provider received any part of the consideration in non monetary form or by way of reimbursement , such item did not figure in the invoice raised, thereby depressing the real value of taxable service.

Gains on shares held in investment portfolio not assessable as business profits

January 15, 2013 2518 Views 0 comment Print

The intent and purport of the CBDT circular No.4/2007 dated 15.06.2007 is to demonstrate that a tax payer could have two portfolios, namely, an investment portfolio and a trading portfolio. In other words, the assessee could own shares for the purposes of investment and/or for the purposes of trading.

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