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Expenditure on civil and electrical works incurred in leasehold premises is not enduring benefit

December 8, 2012 1770 Views 0 comment Print

It has been held that when any expenditure is incurred by an assessee on leasehold premises, even though it may give an enduring benefit, it would not amount to capital expenditure as no capital asset is being created in favour of the assessee. In some of the cases, the expenditure is on civil and electrical works also.

S.10A Foreign remittances to be credited within 6 months in a/c of assessee

December 8, 2012 1531 Views 0 comment Print

Unless the foreign remittances are credited in the account of assessee or at least credited in the account of the bank, it can not be said that the export proceeds have been received in or brought into India. The assessee has placed on record a certificate from State Bank of India which only states that the proceeds of the foreign remittances had been credited to the account of the assessee.

Consideration deemed to be received on the date of encashment of cheque and not on date of receipt

December 8, 2012 903 Views 0 comment Print

In the present case, though the cheque was received on 4.1.2007, the same was actually deposited in the bank on 5.2.2007 and must have been encashed on a date after that. As such, it is to be considered as if the consideration for the services was received by the appellant in the month of February itself, thus requiring them to deposit the tax with the department in March, 2007.

Income Tax Department proposes to introduce e-signature for ITR

December 7, 2012 4405 Views 0 comment Print

Income Tax Department proposes to introduce an electronic signature for efiling of Income Tax Returns in addition to existing Digital Signature Certificate / ITR V. The e-signature shall be based on the validation of the taxpayer on the basis of the data available with the Income Tax department.

Rajiv Gandhi Equity Saving Scheme -Section 80CCG

December 7, 2012 4809 Views 0 comment Print

Eligible Investors: Scheme is open to new retail investors, identified on the basis of their PAN numbers. This includes those who have opened the Demat Account but have not made any transaction in equity and /or in derivatives till the date of notification of this Scheme and all those account holders other than the first account holder who wish to open a fresh account.

Non-compete commission paid to employee during employment is part of salary -HC

December 6, 2012 3109 Views 0 comment Print

The assessee continued to earn the non-compete commission in his capacity as an employee, to refrain from carrying on any business similar to that of UC. The assessee, in this case, also continued his employment with the firm, and was given commission for doing what he was normally expected to do, i.e. work for the said firm in his area of expertise.

Every Search Panchnama Does Not Extend Limitation Period

December 6, 2012 2394 Views 0 comment Print

As already seen, merely because, more than one panchanama is drawn in the given case on one authorisation, one cannot construe that the subsequent and the last of the panchanama issued as one flowing out of the search as a last of the panchanama referrable to Explanation (2) to Section 1 58BE. Once the warrant of authorisation has been issued and the premises is searched and the search party leaves the premises,

No deduction U/s.10A if Assessee do not file ROI within the due date

December 6, 2012 4475 Views 0 comment Print

The Proviso to s. 10A(1A) provides that no deduction under this section shall be allowed to an assessee who does not furnish a return of his income on or before the due date specified u/s 139(1). The assessee’s argument that the said Proviso is merely directory and not mandatory is not acceptable.

Penalty Justified for Failure to Explain source of Credit in the name of Partners

December 6, 2012 1093 Views 0 comment Print

A very heavy onus is placed on the assessee to explain the difference between the assessed income and returned income and the assessee in the instant case did not discharge the said onus. In the light of the discussion made above and conduct of the assessee, it is thus clear that all the material facts and particulars relating to the assessee’s computation of income were never disclosed by the assessee,

Sebi notifies Rajiv Gandhi Equity Savings Scheme norms

December 6, 2012 3216 Views 0 comment Print

Under the scheme, announced in the 2012-13 Union Budget, new investors can avail tax benefits who invest up to Rs. 50,000 in the stock market and whose gross total annual income is less than or equal to Rs. 10 lakh. The scheme was notified by the Department of Revenue, Finance Ministry on November 23 this year.

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