Category - Taxation

Exemption under section 10B of Income tax denied to undertaking on lease

Synergies Casting Ltd. v. DCIT (ITA No. 864 & 1364/Hyd/2010) The Hyderabad Tribunal has held in the above ruling that Exemption under Section 1 0B of the Act is not available to undertaking taken over on lease but the manufacturing activity has to be carried on by the taxpayer itself by using its own plant… Read More


SC rules on Benefit of Sales Tax Deferral Scheme

CLR Note :Benefit of Sales tax deferral scheme is available from the date of (base sales volume) BSV or (base production volume) BPV whichever is earlier State of Tamil Nadu & another Appellant(s) versus India Cements Ltd. & another Respondent(s) Date of Decision: 4/21/2011 Authority: Supreme Court Tamil Nadu General Sales Tax Act, 1959 ” sales tax… Read More

Power of Revenue to reopen cases in case of change of opinion is expressed

AREVA T&D, SA Vs THE ASST. DIRECTOR OF INCOME TAX & ORS. Date of Decision: 25 April, 2011 CLR Note: Where no return has been filed by the assessee for the assessment year in dispute, Income Tax department can reopen the assessment proceedings, said The Delhi high court. Sections 195 together with section 197 of the Income Tax Act,  says that if… Read More

Custom raised Tariff value for crude oil, RBD Palm Oil and RBD Palmolein

CLR Note:   Tariff value went up for Crude oil                From 337 to 447 RBD Palm Oil       From 351 to 476 RBD Palmolein  From 372 to 484 Notification No. 33/2011 - Customs (N. T.) New Delhi, 29th April, 2011 S. O¦ (E) In exercise of… Read More

Only Operating Profit of Comparables to be considered for Transfer Pricing – ITAT

DHL Express (India) Pvt Ltd vs. ACIT (ITAT Mumbai) Brief Facts :- The assessee company is engaged in the business of couriers mainly International couriers and is belongs to DHL group.  The assessee company  had entered into an agreement with DHL for access the DHL network for transportation and delivery of consignment. For this purpose, the assessee company… Read More

Tags: ITATtransfer pricing

High Value Transactions might be added in AIR list

The Finance Ministry is planning to add   high-value transactions  in Annual Information Returns (AIRs) of revenue department for driving out tax evasion. This is in addition to lowering the existing limits in case of some transactions. In AIRs, intermediaries, such as banks, are supposed to report high-value transactions to the tax department so that… Read More

CBDT notifies revised procedure for refund of excess amount of TDS deducted/paid

CIRCULAR NO. 2/2011 [F.NO. 385/25/2010-IT(B)] The procedure for regulating refund of amount paid by the deductor in excess of the tax deducted at source (TDS) and/or deductible is governed by Board circular No. 285, dated 21-10-1980. 2. Subsequent to issue of circular No. 285, new sections have been inserted under Chapter XVII-B of the Income-tax… Read More

Tag: Procedure for refund of excess TDS paid or deposited

CBEC Notifies Exchange Rate for May 2011

Notification No.32/2011 - Customs (N.T.) GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF EXCISE AND CUSTOMS 7 Vaisakha, 1933(SAKA)   S.O.       (E). In exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and in supersession of the notification of the Government of India in the Ministry… Read More

Quick Refunds expected by CBDT – An achievement

The Central Board of Direct Taxes has taken a commendable initiative, of refunding nearly 40,000 crore by the end of April 2011. This comes as a huge relief for the tax payers as the entire refunding process will be completed in the first month of  the financial year itself, where earlier it was received only in the last three… Read More

Amendment in the rate of Service Tax on Life Insurance Business

Notification No.35/2011 Service Tax   Government of India Ministry of Finance (Department of Revenue) New Delhi, the 25th April, 2011   G.S.R.  (E).- In exercise of the powers conferred by sub-section (1) read with sub-section (2) of section 94 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as the said Act), the Central Government… Read More

If Exoneration in Adjudication Proceeding on Merits, Criminal Prosecution on Same Set of Facts Can Not be Allowed to Continue

Recently, a three judge bench of hon™ble Supreme Court in Radheshyam Kejriwal  Vs State of West Bengal & Anr. {(2011) 3 SCC 581; Decided on 18.02.2011} held as follows (per majority) (SCC para 37, 38 and 39).   19¦¦¦¦¦. There may appear to be some conflict between the views in the case of Standard Chartered… Read More

Exemption from Service tax on Hotels, Inn, guest house etc. in specified cases

The Ministry has exempted the levy of service tax applicable with respect to services provided or to be provided, to any person, by a hotel, inn, guest house, club or campsite etc. in relation to providing of accommodation for a continuous period of less than three months, where the declared tariff for providing of such  accommodation is… Read More

Rate of Abatement of Service Tax on Services provided by Hotels or Restaurants

Vide the below notification, the rate of abatement of Service Tax has been prescribed by the Ministry for the following Services : 1) Services provided  by a restaurant having the facility of air-conditioning and having  licence to serve alcoholic beverages, in relation to serving of food or beverage, including alcoholic beverages or both, in its premises… Read More

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