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Apr 23, 2012

Form 49A, Form 49AA , PAN Correction / Reprint Form – Excel Utility

Form 49A, Form 49AA , PAN Correction / Reprint Form – Excel Utility

Posted: 22 Apr 2012 08:27 PM PDT

Download Automatic Excel Utility for Application for allotment of New PAN (Form 49A) – applicable for Citizens of India. This form should be used when the applicant has never applied for a PAN or does not have PAN allotted to him. An applicant can visit Income Tax Department (ITD) website to find...

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Taxability of Motor Acccident Compensation & Interest

Posted: 22 Apr 2012 07:51 PM PDT

In brief my family was met with an major accident in 2004 and my pretty daughter (minor) got 70% permanent disabilities., literally we have lost everything in that accident even my well established business also. Now the court has given my wife ( guardian and claimant of minor) accident...

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Assesee only can decide whether or not to incur expenditure

Posted: 22 Apr 2012 05:53 AM PDT

Income Tax department cannot dictate Assessee whether or not to incur expenditure. Arm's length price of royalty expenditure not to be linked with profit/income resulting therefrom. Losses are not a valid ground to disallow royalty expenditure. CIT VS. EKL APPLIANCES LTD (Delhi HC)

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Analysis of S. 50C of Income Tax Act, 1961

Posted: 22 Apr 2012 05:06 AM PDT

Section 50C provides that if the value stated in the instrument of transfer is less than the valuation adopted, assessed or assessable by the stamp duty authorities, the valuation as adopted, assessed or assessable by the stamp duty authorities will be considered for the purpose of computation of...

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S.56 pertaining to gifts, deemed gifts / under-valuations

Posted: 22 Apr 2012 04:51 AM PDT

Section 56(2) of the Income Tax Act, 1961 inter alia deals with receipts without consideration. Since most of such receipts tantamount to gifts, the provisions are popularly known for gifts and deemed gifts. Till 30 09 2009 only sum of money received without consideration was gift if the recipient...

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Budget 2012- Post Budget Suggestions by ICAI

Posted: 22 Apr 2012 01:30 AM PDT

Rates of Taxes -The basic exemption limit of resident women below the age of 60 years may be increased to Rs.2,25,000. The basic exemption limit of resident individuals of the age of 60 years or more at any time during the previous year may be increased to Rs. 3,00,000.Amendment in Section 9(1)...

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Study Team to suggest Common Tax Code for Service Tax & Excise

Posted: 22 Apr 2012 01:12 AM PDT

The Study Team will examine the feasibility and also suggest a draft Common Tax Code for service tax and central excise that can be implemented under the present Constitutional scheme, keeping in view the challenges in the context of impending Goods and Service Tax (GST). The Study Team has also...

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S. 40(b) Interest on deposits for availing bank guarantee is business income

Posted: 22 Apr 2012 01:04 AM PDT

It is the purpose or the proximity to the purpose, which would determine the character of the asset and, thus, that of the income arising there-from and, consequently, its assessability under the Act, going on to hold that where the amount was deposited in the bank to obtain a letter of credit for...

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Tippers, vibrator & vibrator soil compactor are commercial vehicle

Posted: 22 Apr 2012 12:35 AM PDT

Commercial vehicle is to include heavy goods vehicle, heavy passenger motor vehicle, light motor vehicle, medium goods vehicle but is not to include maxi-cab, motor-cab, tractor and road-roller. Therefore, the question which falls for consideration is whether Tippers, Vibrator and Vibrator Soil...

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S.54B Deduction denied for failure to prove Agricultural Activity

Posted: 22 Apr 2012 12:21 AM PDT

Where Land Revenue records showed no crop was cultivated and no agricultural activity was undertaken on the land owned by the assessee before sale thereof and assessee produced no evidence of user for agricultural purposes other than sketchy and vague statements of neighbours, denial of deduction...

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PIL in respect of alleged mistakes in CA Final November 2011 Exams

Posted: 22 Apr 2012 12:08 AM PDT

SUMMARY OF MISTAKES IN THE CA FINAL NOVEMBER 2011 EXAMS CONDUCTED BY INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA (A BODY ESTABLISHED UNDER THE ACT OF PARLIAMENT) (Mistakes /Errors committed by respondent 2 while setting and evaluating the papers which would have a direct impact on the marks...

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S.36(1)(iii) Disallowance if assessee has significant interest in subsidiary business

Posted: 21 Apr 2012 11:51 PM PDT

Whether when the assessee has significant interest in the business of the subsidiary and utilizes even borrowed money for furthering its business any disallowance can be made u/s 36(1)(iii).

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Income of Foreign University under affiliate agreement for providing distance educational courses in India not taxable as Royalty

Posted: 21 Apr 2012 11:30 PM PDT

Honourable ITAT held that income received by a Foreign University under affiliate agreement for providing distance educational courses in India is not taxable as Royalty under the India-USA tax treaty . Accordingly, the taxpayer was not required to withhold taxes while making payments to the...

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S. 2(47) Conversion of tenancy into ownership is 'transfer'

Posted: 21 Apr 2012 11:24 PM PDT

Whether conversion of tenancy rights into ownership right falls under the realm of 'transfer' as envisaged in section 2(47) of the Act. The assessee was accepted as a tenant by the co-owners and as per the well settled law on this issue the tenancy cannot be equated with the ownership. The...

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TRAI Mandates one tariff plan on Per Second Billing basis

Posted: 21 Apr 2012 11:11 PM PDT

In order to ensure that ‗per second billing' remains an assured alternative option for all subscribers, it has been decided to mandate that all service providers shall offer at least one pre-paid and one post-paid tariff plan with the pulse rate of one second for local and national long distance...

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No functional incomparability if TPO not reject a comparable on same ground

Posted: 21 Apr 2012 10:57 PM PDT

If TPO does not reject a comparable on the ground of functional incomparability then neither the AO or the revenue can take a plea of functional incomparability of the comparables chosen by the assessee in its TP Study. We are, therefore, of the view that the assessee's operative margin has to be...

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Principle of mutuality cannot be destroyed just because funds not parked with members

Posted: 21 Apr 2012 10:38 PM PDT

we are of the view that the principle of mutuality is fully applicable and the interest earned on the fixed deposits with the bank and other institutions is fully covered within the parameters of mutuality. We fully endorse the view taken by CIT(A) in the case of Hill Properties Ltd. ITA No. 6223,...

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Difference between premium paid by Company & surrender value not taxable in the hands of Directors

Posted: 21 Apr 2012 10:19 PM PDT

Delhi High Court has recently in a batch of appeals filed by the Income Tax Department against Escorts Heart Institute & Research Centre Ltd and their employee directors held, inter alia, that the assignment of the Keyman insurance policies taken by the Company in respect of the Directors, at...

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Definition of 'Service' As Proposed in Finance Act 2012

Posted: 21 Apr 2012 09:46 PM PDT

Service means any ACTIVITY carried out by a person for another for CONSIDERATION, and includes a DECLARED SERVICE, but shall not include; (a) An activity which constitutes MERELY, i. A transfer of title in GOODS or IMMOVABLE PROPERTY, by way of sale, gift or in any other manner; or ii. A...

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