All respedted members,
Kindly provide your valuable comments /share your experience to resolve my problem.
On Wednesday, November 20, 2013 8:56 AM, ram agrawal <ram9ag@yahoo.com> wrote:
Dear members,
If any one have the answer pl reply my query immediately as the time left out is very short .A humble request to provide guidance on the matter as many of us would have passed through such situation in Sept/OCT13.
Pl help!!!!!!!!!!!!!!!!
Regards
RAm
On Tuesday, November 19, 2013 9:51 AM, ram agrawal <ram9ag@yahoo.com> wrote:
Dear All,
My client's due date of return filing is 30.11.13. The client is having 2 units which are
under tax holiday zone commenced production on different year hence more than one
form 10CCB is required. Furhter the client have 80IA deductions also for which also 10CCB is
required to be filed . Please guide me how to upload separate 10CCB unitwise having
different state,commencement date etc.
Your advice is required urgently as last date is very near. some of you may have already
came across such situation in Sept 13 Hence please suggest urgently
Regards
Ram
On Monday, November 18, 2013 8:35 PM, Dipak Shah <djshah1944@yahoo.com> wrote:
INCOME TAX REPORTS (ITR) HIGHLIGHTS
F Assessment of third person : No question of transfer of file from one officer to another : AO need not record satisfaction before issuing notice to third person : CIT v. Bimbis Creams and Bakes (Ker) p. 466
F Block assessment completed within two years from end of month in which notice issued under section 158BD : Not barred by limitation : CIT v. Bimbis Creams and Bakes (Ker) p. 466
F Books of account of assessee not disclosing investment : Presumption that property represented undisclosed income of assessee justified : CIT v. Jai Pal Aggarwal (Delhi) p. 472
F Tribunal deleting addition on account of fixed deposits and treating it as dumb documents : Finding not perverse : CIT v. Jai Pal Aggarwal (Delhi) p. 472
F Tribunal without going into facts ought not to have deleted addition on investment in business : CIT v. Jai Pal Aggarwal (Delhi) p. 472
F Block assessment : Whether addition sustainable : Matter remanded : CIT v. Jai Pal Aggarwal (Delhi) p. 472
F Addition to book profit of proportionate expenditure attributable to exempted income : Justified : CIT v. State Bank of Travancore (Ker) p. 484
F Other persons incidentally benefited from advertisements issued by assessee not a ground for disallowance of expenditure : CIT v. Khambhatta Family Trust (Guj) p. 485
F Voluntary surrender of income : No automatic immunity from penalty : MAK Data P. Ltd. v. CIT p. 593
F Satisfaction of AO need not be recorded in particular manner : MAK Data P. Ltd. v. CIT p. 593
F Depreciation on fixed assets of which cost had already been claimed as application of income : Allowable : CIT v. Devi Sakuntala Tharal Charitable Foundation (MP) p. 452
F Mistake in partnership deed regarding division of profits rectified : Firm entitled to registration : CIT v. Alison Singh and Co. (All) p. 458
F Undisclosed income of third person : Satisfaction should be reasonable and not conclusive : CIT v. Classic Enterprises (All) p. 465
F Notice issued on alternative basis for taxing income not valid : DHFL Venture Capital Fund v. ITO (Bom) p. 471
F Reference to Third Member on question of law : Conscious omission to consider issue on merits : Not a mistake for rectification : Smt. Renu Aggarwal v. ITO (All) p. 483
F Reference to Third Member : Decision of Tribunal not a decision of three-Member Bench : Amenable to rectification : Smt. Renu Aggarwal v. ITO (All) p. 483
F Conversion of leasehold rights into freehold rights : No effect on the taxability of profits : CIT v. Smt. Rama Rani Kalia (All) p. 499
F Adjustment of refund against sums due from assessee cannot be made without prior intimation : Jeans Knit P. Ltd. v. Deputy CIT (Karn) p. 505
F Unabsorbed depreciation and investment allowance could be set off against capital gains in AY 1992-93 : CIT v. Kisan Engineering Works Ltd. (All) p. 510
F Registration under STPI obtained after commencement of manufacture : No export made prior to date of registration : Unit entitled to exemption : CIT v. Expert Outsource P. Ltd. (Karn) p. 518
F Unit existing from 1994 but obtaining registration as 100 per cent. export oriented unit for computer software in 2002 unit entitled to exemption : Nagesh Chundur v. CIT (Mad) p. 521
F Income generated from spare funds invested in fixed deposits : Interest declared as part of business income and assessed as such : To be taken into account for purpose of ceiling on remuneration to partners : CIT v. J. J. Industries (Guj) p. 531
F Assessee developing software with special application and getting it registered as trade mark entitled to depreciation : CIT v. Net 4 Nuts Ltd. (Guj) p. 535
F Pendency of appeal from order relied on by Tribunal not material : CIT v. Net 4 Nuts Ltd. (Guj) p. 535
F Share issue expenses : Despatch and out of pocket expenses : Registration fees : Listing fees : Stationery expenses : Travelling and meeting expenses : Bank charges and commission : Prof. certificate : Revenue expenditure : CIT v. Kreon Financial Services Ltd. (Mad) p. 542
F Purpose of public issue not achieved on account of non-clearance from SEBI : Capital expenditure : Mascon Technical Services Ltd. v. CIT (Mad) p. 545
F High Court has inherent power to review its decision : Meghalaya Steels Ltd. v. CIT (Gauhati) p. 551
F Final assessment following determination of arm's length price by DRP : Remedy of appeal against order of assessment before Tribunal : Lionbridge Technologies P. Ltd. v. Deputy CIT (Bom) p. 599
F Has Judiciary virtually given a go by to the period of limitation for appeals and special leave petitions filed by Central or State Governments in Revenue matters ?-Manish K. Kaji, Advocate p. . . . 49
F New arrival : Commodities Transaction Tax-Anushree Agrawal, Advocate, Madhya Pradesh Bar Council p. . . . 61
| COMPANY LAW INSTITUTE OF INDIA PVT. LTD. No. 2, Vaithyaram Street, T.Nagar, Chennai - 600017. Phone: (044) 24350752 - 55 Fax: (044) 24322015 info@cliofindia.com |
On Monday, 18 November 2013 4:28 PM, "info@cliofindia.com" <info@cliofindia.com> wrote:
www.cliofindia.com info@cliofindia.com
GOODS AND SERVICE TAX REPORTS (GSTR) HIGHLIGHTS
F National Metallurgical Laboratory's inspection report declaring item as non-alloy steel scrap suitable for melting and absence of material to show item was slag, classifiable under Heading 7204 10 and not under Heading 26.19 : Commissioner of Customs (Sea) v. Ponneri Steel Industries (Mad) P. 1
F Where there was no error apparent on face of order of Appellate Tribunal to justify exercise of jurisdiction under section 35C(2) of 1944 Act, order of Tribunal declining to entertain application for rectification did not suffer from any error : Rashtriya Chemicals and Fertilisers Ltd. v. Union of India (Bombay) P. 6
F Application for retesting to be invariably allowed on fulfilment of conditions and denial of such statutory right amounts to violation of principles of natural justice : Katyal Industries v. Union of India (Allahabad) P. 9
F Once duty on final products has been accepted by Department, Cenvat credit availed of need not be reversed even if the activity does not amount to manufacture : Commissioner of Central Excise v. Ajinkya Enterprises (Bombay) P. 16
F Where agreements reflecting tender price inclusive of commissioning and testing charges on diesel generator sets, but invoices reflecting duty not paid on full amount, amounts to evasion of payment of duty due on sale which was suppressed : Sukalp Agencies v. Commissioner of Central Excise (Allahabad) P. 79
F A quotation cannot be basis for rejection of transaction value without other positive evidence of contemporaneous import : Nava Durga Enterprises v. Commissioner of Customs (Sea-Import) (Trib.-Chennai) P. 21
F In case of absolute confiscation where goods cannot be redeemed, a demand for differential duty not sustainable : Gateway Distriparks Ltd. v. Commissioner of Customs (Imports) (Trib.-Mumbai) P. 24
F Where investigations revealing providing of logistic support in clandestine removal of vehicle from customs area without payment of customs duty, imposition of penalty sustainable : Gateway Distriparks Ltd. v. Commissioner of Customs (Imports) (Trib.-Mumbai) P. 24
F Where observation that lack of knowledge about smuggled nature of car not challenged by Department attaining finality, penalty cannot be imposed : Gateway Distriparks Ltd. v. Commissioner of Customs (Imports) (Trib.-Mumbai) P. 24
F No direct involvement by financier for import in clandestine removal of goods and only acting on instructions of others with profit motive and being imputed for activities of others, penalty cannot be imposed : Gateway Distriparks Ltd. v. Commissioner of Customs (Imports) (Trib.-Mumbai) P. 24
F Writ appeal dismissed on 25-11-2010 with liberty to approach appellate forum observing time spent in writ proceedings be excluded while calculating period of limitation and assessee filing special leave petition before Supreme Court and thereafter approaching appellate forum on 23-3-2011 not complying with specific direction of Division Bench, appeal filed beyond 90 days barred by limitation : Sanjay Shah v. Commissioner of Customs (Trib.-Chennai) P. 35
F No percentage fixed in 2004 Rules to decide that if dutiable goods are much below that percentage, manufacturer will be treated as exclusive manufacturer of exempted goods : Oberthur Card System P. Ltd. v. Commissioner of Central Excise (Trib.-Delhi) P. 38
F Where allegation of suppression or misdeclaration of inputs not sustainable in respect of modules and plastic cards, assessee not liable to pay penalty : Oberthur Card System P. Ltd. v. Commissioner of Central Excise (Trib.-Delhi) P. 38
F Admission of clandestine removal of goods and shortage of finished goods verified and statement not retracted and no submission against finding, amounts to clandestine removal of goods : Pasupathi Prints P. Ltd. v. Commissioner of Central Excise (Trib.-Ahd) P. 52
F Cough syrup concealed with potatoes loaded in truck taking unauthorised route and number of bags of potatoes mentioned in delivery challan and actual number of bags in truck not tallying and address of consignee fake, vehicle and goods liable for confiscation : Prasanta Kr. Saha v. Commissioner of Customs (Preventive) (Trib.-Kol) P. 54
F Where process of repacking from bulk packages to retail packing resulting in enhancement of marketability of product among retail customers, process amounts to manufacture liable to duty : Abdos Trading Company P. Ltd. and another v. Commissioner of Central Excise (Trib.-Kol) P. 63
F Suppression and non-disclosure of activity of repacking and selling by affixing brand name of company from assessee's unregistered premises, confirmation of demand invoking extended period of limitation, proper : Abdos Trading Company P. Ltd. and another v. Commissioner of Central Excise (Trib.-Kol) P. 63
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