1. Where value of international transaction as defined u/s. 92B exceeds Rs.15 Crore. 2. Cases where there was addition of Rs.10 Lacs or more in earlier assessment year and question of law or fact is confirmed in appeal or pending before appellate authority. 3. Cases in which addition of Rs.10 Crore or more was made in earlier assessment year on the issue of transfer pricing.
The assessee had participated in promotion of EECL, in order to safeguard its business of explosives and detonators in West Bengal. The assessee and EECL are in the same line of business and their activities are inter-connected, the assessee being one of the promoters of the former company. The purpose of giving advances to this related company was in the ‘course of and for the purpose of’ protecting the interests of business of the assessee.
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SC held that So far as the special discount is concerned, all that the authorities have to look into whether as a matter of fact, the petitioner received only the sum originally charged less the discount. It is the look out of the traders to see that the trade increase and it is for that purpose the trade discount is given. Hence, a person may not be able to clearly prove as to why the special discount was given. But if there has been a consistent practice of giving special discount, that has to be accepted by the assessing authority. The Assessing Authority shall not reject the appellants’ claim for exemption of the amounts of trade discount solely on the ground that the discount amounts were not shown in the sale invoices.
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The acquisition is of the year 2001 while the compensation has been paid somewhere in the year 2009. Keeping in view the law laid down by the Apex Court in the matter of Bikram Singh v. Land Acquisition Collector [1996] 89 Taxman 119, it is to be held that interest received on delayed payment is a revenue receipt exigible to Income-tax. Since the amount has already been deposited by the respondent-authority and the deduction is in accordance with section 194A, therefore, no illegality has been committed by the Court below in upholding the action taken by respondent-authority in deducting the amount.
Prakash Leasing Ltd. v. DCIT – The lease rentals is not the real income of the assessee. The lease rental consists of financing charge as well as capital recovery. The amount received towards capital recovery constitute the capital expenditure, whereas the financing charge represents the revenue receipt, which is the real income. It is as per the Accounting Standards prescribed by the ICAI. Therefore, the assessee under the Act has to offer to tax only the real income and not the total receipt. He is not liable to pay any tax under the Act on the capital recovery.
The assessee is engaged in the business of trading in chemicals. The sales shown in the Profit & Loss Accounts were Rs. 3,15,85,478/- and against that purchases were shown as Rs. 93,31,117/- on which gross profit of Rs. 7.95% was declared. The assessee was required to submit month-wise details of sales and purchases according to which the total sales were reported at Rs. 3,22,81,924/- and purchases were reported at Rs. 3,04,17,709/-. Thus, it was observed by the Assessing Officer that there was a difference of Rs. 6,96,447/- in the sales and Rs. 10, 86,596/- in the purchases.
Ours’ is Salary Earner’s Urban Co-operative Bank having working capital Rs.1623.24 crores as on 31.03.2011. We intends to appoint Registered Chartered Accountants/Firm for conducting Concurrent Audit of 21 branches, 5 octroi collection centers and Accounts Section (Head Office) for the financial year 2012-13. Bank has implemented Core Banking Software at its all Branches/Octroi Collection Centers and Accounts Section (Head Office). Concurrent audit is to be carried out accordingly and also examine various aspects connected with the system alongwith guidelines of Reserve Bank of India, Registrar of Co-operative Societies, I.C.A.I as applicable and issued from time to time and policies decided by Board of Directors of the Bank.
CBDT has issued a Circular No. 03/2011 dated May 13, 2011 as per which TDS Certificates in Form No. 16A will be generated from Tax Information Network (TIN). It is mandatory for Companies and Banks to issue Form 16A from TIN to their deductees for deductions made from April 1, 2011 (F.Y. 2011-12 onwards). Taxpayers are advised to insist on Form 16A (quarterly TDS certificate) that has been downloaded by the Deductors from TIN Central System only.
