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Services in relation to import of raw materials are input services

January 9, 2013 1958 Views 0 comment Print

In this case appellant is engaged in the manufacture of MG craft paper and they import waste paper and use the same in the manufacture of final product. The services received are in relation to the importation of waste paper such as container charges, handling charges incurred in the port etc.

Taxation of Non Residents on ADR’S and GDR’S

January 8, 2013 31291 Views 0 comment Print

ADR’S, GDR’S: These are commonly known as Depository Receipts (‘DR’), a negotiable security issued outside India by a depository bank (‘DB’), on behalf of the Indian company, which reflects the local rupee denominated equity shares of the company held as deposit by a custodian bank (‘CB’) in India. These DR’s were bought out as an option for Indian companies to get an access to overseas capital markets.

One Person Company under Companies Bill, 2012 – Provisions & Relaxations

January 8, 2013 4858 Views 0 comment Print

In recently passed Companies bill 2012, new concept of One Person Company has been introduced. It is considered as revolutionary step taken by government to encourage unorganized proprietorship business to enter in to organized corporate world.

Even if a claim is not made before AO, it can be made before appellate authorities

January 8, 2013 7416 Views 0 comment Print

The Hon’ble Supreme Court in the case of National Thermal Power Company Limited v CIT (1998) 229 ITR 383 was considering a case where the assessee had deposited its funds not immediately required by it on short term deposits with banks. The interest received on such deposits was offered by the assessee itself for tax and the assessment was completed on that basis.

Even Intimation u/s. 143(1) cannot be reopened u/s 147 without fresh material – HC

January 7, 2013 5840 Views 0 comment Print

In the present case the reasons disclose that the Assessing Officer reached the belief that there was escapement of income on going through the return of income filed by the assessee after he accepted the return under Section 143(1) without scrutiny, and nothing more.

Breather Period for Existing Auditors of Listed Companies (Is it 3 Years or 8/13 Years?)

January 7, 2013 3187 Views 0 comment Print

Under the existing provisions of the Companies Act, 1956, the appointment or re-appointment of a statutory auditor of a Company is an annual exercise except in cases of the appointment of first auditor or appointments to fill up casual vacancies. Sub-section (1) of section 139 of the Companies Bill, 2012 proposes to make it mandatory to appoint an auditor for five years at a time (subject to annual ratification).

Penalty u/s. 271BA justified for Failure to furnish Form No. 3CEB, even if return is filed electronically

January 7, 2013 17102 Views 0 comment Print

The contention of the assessee that return of income in electronic form was not to accompany the report in Form 3 CEB is not correct. The assessee was required to file the report under section 92E, read with rule 10E, before the specified date i.e., the due date for filing of the return.

RBI may stick to 6 crores limit for March 2013 Statutory Branch Bank Audits

January 6, 2013 3739 Views 0 comment Print

As per internal Sources Reserve Bank of India has decided to stick to 6 crores limit for March 2013 Statutory Branch Bank Audits. As per the reliable source, in spite of clearance for 20 crores limit, RBI is going ahead with last year agreed limit of 6 crores. RBI shall finalize its Empanelment by the end of last week of January 2013/ First week of February 2013.

Salient Features of Companies Bill, 2012 on Corporate Social Responsibility (CSR)

January 6, 2013 4844 Views 0 comment Print

Every company having net worth of rupees five hundred crore or more, or turnover of rupees one thousand crore or more or a net profit of rupees five crore or more during any financial year shall constitute a Corporate Social Responsibility Committee of the Board consisting of three or more directors, out of which at least one director shall be an independent director.

CBDT Grants Exemption from TDS on the Payments of Certain Categories

January 5, 2013 22851 Views 0 comment Print

CBDT Grants Exemption from TDS on the Payments of Certain Categories to Mitigate Compliance Burden on Businesses Held by Individuals, Firms or Corporate Etc Who are Using the Financial Services Offered by Banks To mitigate compliance burden on businesses held by individuals, firms or corporate etc who are using the financial services offered by banks, […]

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