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Internet services fall in stipulated services for sec. 80-IA deduction

December 30, 2012 2614 Views 0 comment Print

The assessee holds a VSAT license to establish, maintain and operate closed users group, an Internet license to establish, maintain and operate internet services and a license/permission from the Ministry of Information and Broadcasting for providing uplinking services.

Whether casual contract workers can be considered as regular workers u/s. 80-IB(2)

December 30, 2012 1276 Views 0 comment Print

The authorities below have held that the assessee had not fulfilled the conditions relating to the minimum engagement of workers and use of new plant and machinery in setting up of industrial undertaking as required in section 80-IB(2).

TPO cannot be asked to establish motive behind transfer of profit before ALP determination

December 30, 2012 903 Views 0 comment Print

It is not necessary for the TPO to demonstrate tax avoidance and diversion of tax/ income before invoking the provisions of section 92C and 92CA . To determine the arm’s length nature of any international transactions. Consequently, it is wrong in attaching importance to the fact that the assessee Associated Enterprise (A.E.) is earning losses.

Failure to disclose expenditure on foreign travel is a valid a ground for reopening the assessment

December 30, 2012 846 Views 0 comment Print

Assessing Officer in the present case, it is difficult to say that the Assessing Officer erroneously assumed jurisdiction to reopen the petitioner’s assessment. The source of the complaint or the tax evasion petition is not relevant; it is the substance of the contents of the tax evasion petition which has to be examined

Grant of registration u/s. 12AA is a condition precedent for claiming exemption u/s. 11

December 30, 2012 5897 Views 0 comment Print

Since grant of registration is a condition precedent for grant of exemption under section 11 and in this case, there is no registration granted under section 12AA in favour of the assessee, no relief or exemption can be granted to the assessee under section 11.

S. 271A penalty justified for non maintenance of book of account U/s. 44AF

December 30, 2012 12692 Views 0 comment Print

According to section 271A, if the assessee fails to keep and maintain any such books of account and other documents as required by section 44AA and the Rules in any previous year, penalty is leviable. Section 44AA(2)(i) and (ii) provides that every person carrying on business shall keep and maintain such books of account and other documents as may enable the AO to compute his total income in accordance with the provisions of this Act.

For transfer of Cenvat Credit rule 10 not stipulates shifting of factory to an altogether new site

December 30, 2012 14510 Views 0 comment Print

imply On reading of Rule 10(1) of Cenvat Credit Rules, 2004, it is clear that a manufacturer of final product shall be entitled to transfer of the unutilized cenvat credit to the transferred factory provided he shifts his factory at another site and also fulfills the requirement of Rule 10(3) of Cenvat Credit Rules, 2004.

AO cannot rectify order passed by appellate authorities

December 29, 2012 3998 Views 0 comment Print

In this case, the AO had not only stated that the Tribunal did not have the benefit of the decision of the Supreme Court as it was rendered earlier, but has taken liberty of criticizing the Tribunal stating that the Tribunal granted depreciation ‘even though the ITAT was aware that such custom duty was not payable by a subsequent notification by the Govt. of India in 1987.’ He ought not to have done so.

HUDCO – Tax Free Bonds – Tax Benefits

December 29, 2012 30724 Views 1 comment Print

Salient features of the bond issue (Tranche I) a. Issue Opens on – January 09, 2013 b. Issue Closes on – January 22, 2013 c. 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 […]

Responsibility of Professionals Signing MCA Annual Return

December 29, 2012 4386 Views 0 comment Print

W.e.f from Financial Year 2011-12, Professional (CA, CMA, CS) signing MCA Annual Return have to certify whether Cost Accounting Record Rules -2011 (CARR) or Cost Audit Orders (CAO) are applicable on company or not and mention Product or Service Category Code (ITC/ NPCS 4 Digit Code). They have to certify it on Form 23 AC and Form 23 ACA on the following page:

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