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Pay your tax correctly as Department is keeping track of your income

December 11, 2012 3264 Views 0 comment Print

December 15 is an important day on the calendar of the Central Board of Direct Taxes (CBDT). It is the date on which the third installment of advance tax for corporates and the second installment for all other assesses (including individuals, HUF etc) is due.

sec. 41(1) No tax on depreciation claim if capital loan is waived off by lender

December 11, 2012 2680 Views 0 comment Print

It is true that the assessee on the one hand gets the waiver of monies payable on purchase of machinery and claims such receipt as not taxable because it is capital receipt. On the other hand the assessee claims depreciation on the value of the machinery for which it did not incur any cost.

Reassessment reasons to believe should be clear & not ambiguous

December 11, 2012 1273 Views 0 comment Print

Learned counsel for the petitioner in these circumstances submitted that the reasons to believe recorded by the Assessing Officer on 26.03.2009 do not record or state that the agreement between the petitioner and Quest was not on record, and that there was failure on the part of the assessee to fully and truly disclose the material facts.

Cenvat credit can be utilized for payment of ST under reverse charge mechanism

December 11, 2012 10098 Views 0 comment Print

The appellant is a manufacturer of acrylic fibre, acrylic top etc. and were availing the facility of Cenvat credit of duty paid on inputs, capital goods and Service Tax paid on inputs services used in or in relation to manufacture of final products. The appellants are availing the services of foreign agents and were paying commission on said agents located outside India.

EPFO time bars inquiry against employers in PF cases to 7 yrs

December 10, 2012 1504 Views 0 comment Print

Retirement fund body EPFO has tightened the norms for initiation of its inquiries against employers and also set a time bar of seven years for such proceedings, a move which the trade unions have described as anti-worker. The circular, which was issued by Central Provident Fund Commissioner (CPFC) R C Mishra on his last day […]

Govt withdraws search,seizure powers of new criminal IT wing

December 9, 2012 2698 Views 0 comment Print

The elite criminal investigation wing of the Income Tax department, which conducted a number of high-profile actions including raids on liquor baron Ponty Chadha, has been disallowed to carry out any search or seizure operations by the Finance Ministry henceforth.

‘Soft serve’ provided by McDonalds is ice cream for the purposes of excise – SC

December 9, 2012 4384 Views 0 comment Print

The assessee has averred that ‘soft serve’ cannot be regarded as ice- cream since the former is marketed and sold around the world as ‘soft serve’. We do not see any merit in this averment. The manner in which a product may be marketed by a manufacturer, does not necessarily play a decisive role in affecting the commercial understanding of such a product. What matters is the way in which the consumer perceives the product at the end of the day notwithstanding marketing strategies.

TAN Account now migrating from TIN to TRACES (TDS-CPC)

December 9, 2012 41961 Views 0 comment Print

TRACES is a web-based application of the Income Tax Department that provides an interface to all stakeholders associated with TDS administration. It enables viewing of challan status, downloading of NSDL Conso File, Justification Report and Form 16 / 16A as well as viewing of annual tax credit statements (Form 26AS).

Reimbursement of Expenses not subject to Service Tax

December 8, 2012 25194 Views 0 comment Print

Whether reimbursement of expenses includible in gross consideration for the chargeability of Service Tax? Whether Rule 5(1) of Service Tax (Determination of Value) Rules is ultra vires Sections 66 and 67 of Finance Act, 1994?

Service Tax Refund cannot be denied on technical grounds

December 8, 2012 1687 Views 0 comment Print

It appears that the deficiency is that the bills raised by the CHA do not show the shipping bill numbers and date and the full requirements of the above conditions are not met. The reason given in the impugned order is that copies of shipping bills are not produced. No such condition is prescribed against S. No. 11.

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