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Property seller can forfeit buyer’s earnest money – SC

October 26, 2012 14026 Views 0 comment Print

To justify the forfeiture of advance money being part of ‘earnest money’ the terms of the contract should be clear and explicit. Earnest money is paid or given at the time when the contract is entered into and, as a pledge for its due performance by the depositor to be forfeited in case of non-performance, by the depositor.

Tax effect in a case means overall tax effect in respect of disputed issues in a particular year

October 26, 2012 1234 Views 0 comment Print

Paragraph 2 of the Instruction No. 3/2011, dated 9-2-2011 shows that that it is the policy of the Government to file appeal before this Tribunal only in those cases where tax effect is more than Rs.3 lakhs. Tax effect has been defined in paragraph 4 of the said instructions as the difference between the tax on the total income assessed and the tax that would have been chargeable had such total income been reduced by the amount of income in respect of the issues against which appeal is intended to be filed

Overview of the Micro, Small & Medium Enterprises Sector

October 26, 2012 2565 Views 0 comment Print

Worldwide, the micro and small enterprises (MSEs) have been accepted as the engine of economic growth and for promoting equitable development. The MSEs constitute over 90% of total enterprises in most of the economies and are credited with generating the highest rates of employment growth and account for a major share of industrial production and exports.

Excise duty refund for industrial development in State is to be treated as capital receipt

October 26, 2012 3327 Views 0 comment Print

Incentives provided to the industrial units, in terms of the new industrial policy, for accelerated industrial development in the State, for creation of such industrial atmosphere and environment, which would provide additional permanent source of employment to the unemployed in he State of Jammu and Kashmir,

If existence of income is presumed, existence of expenditure is also to be presumed

October 25, 2012 1577 Views 0 comment Print

If the revenue was of the opinion that the expenses claimed towards ‘green boxes’ was inadmissible or was excessive, or not genuine, in order to reject the entries in the books of account and other documents of the assessee, seized during the search, it ought to have relied on other materials. Having once drawn the presumption that the contents of the documents (of the assessee) taken into possession during the search were true, the revenue could not have, consistently with that presumption, proceeded to require the assessee to produce materials in support of the expenditure entries.

What is LIBOR and should it be scrapped

October 24, 2012 2615 Views 0 comment Print

Libor is an average interest rate which is calculated from the interest rates given by key banks in London on a daily basis. It is controlled by the British Bankers Association in London. Libor is one of commonly used interest rate in the world for various loans & banking transactions. It is also used in derivatives transactions globally (especially in US derivate markets) which are one of complex contracts in the world.

Download Personal Affairs Diary in Excel Format for professionals

October 24, 2012 20080 Views 0 comment Print

ABCAUS Personal Affairs Diary(PAD) is a digital record of your affairs and key information that can really help your spouse, family or any loved one you really don’t want to be struggling or at a total loss in recovering important information, papers, money etc. in case of your untimely death or incapacitation due to sudden illness.

Interest paid on sales tax under amnesty scheme is allowable as business expenditure

October 24, 2012 5192 Views 0 comment Print

The issue before us is whether the interest paid on sales tax under the amnesty scheme is an allowable deduction as business expenditure. The law is well settled that the interest paid on sales tax is not of penal in nature and is therefore allowable as business expenditure. Therefore, in our opinion the interest on sales tax is an allowable business expenditure.

Loan Disclosed under VDIS can be claimed as bad debt if same become irrecoverable

October 24, 2012 747 Views 0 comment Print

Amount written off was a loan advanced during the course of business and that the interest thereon had been taxed as business income by the Department in accordance with the assessee’s declaration under VDIS. The Tribunal also recorded a finding that the certificate accepting the VDIS declaration was issued by the Commissioner after consultation with the Central Board of Direct Taxes

Expenditure on development of software is a revenue expenditure & not a capital expenditure

October 24, 2012 1342 Views 0 comment Print

ourt held that upgradation of computers by changing certain parts, thereby enhancing the configuration of the computers for improving their efficiency, was only a revenue expenditure. The said view was again followed by this Court in CIT v. Southern Roadways Ltd. [2007] 288 ITR 15.

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