FAQs on Practical Issues in Section 44AA, 44AB, 44AD, 44AE

Posted: 27 Jul 2013 08:23 PM PDT
CA. Rajesh Condoor S. 44 AA 1.      Who are the persons that are required to compulsorily maintain books of account ?Every person carrying on legal, medical, engineering or architectural profession, or profession of accountancy or technical consultancy or interior decoration or any other profession...
Posted: 27 Jul 2013 08:03 PM PDT
The provisions of the Income Tax Act relating to Tax Deduction at source (TDS) are of very important in the present scenario when TDS collections contribute almost 39% of total collection of Direct Taxes. The Income Tax Act also provides for penalty & prosecution for any default in respect of...

AO To Decide If Deloitte Haskins Is a Valid Partnership Firm

Posted: 25 Jul 2013 08:40 PM PDT
M/s Deloitte Haskins & Sells V/s. Deputy Commissioner of Income Tax (ITAT Delhi) 2. Facts apropos are that assessee, a firm of Chartered Accountants, filed its return for impugned assessment year on 30th September, 2008, declaring a total income of ~ 17,70,69,972/-. The assessment was completed...
Posted: 25 Jul 2013 07:59 PM PDT
Contention of the Assessee :- The alleged Pen drive is not an admissible evidence, therefore the recording of reasons and consequent 148 proceedings based on the reasons of such unreliable evidence are bad in law. Held by ITAT 6.1. It is apparent that many of the transactions recorded in the...
Posted: 25 Jul 2013 06:10 PM PDT
As you may be aware, during the Conference of Chief Commissioners and Directors General on 28th August, 2012, a point was raised that the arrears of penalties imposed on individuals, who are no more, may be waived off.
Posted: 25 Jul 2013 06:03 PM PDT
The result of the Chartered Accountants Intermediate (IPC) Examinations held in May,2013 are likely to be declared on Wednesday, the 31st July, 2013 around 4.00 P.M. and the same as well as the merit list (candidates securing a minimum of 55% and above marks and upto the maximum of 50th Rank on all...
Posted: 25 Jul 2013 05:56 PM PDT
As part of its ongoing initiative, the Income Tax Department has, on 22nd July, 2013 sent letters to another batch of 35,000 non filers. These persons were part of the around 12 lakh non-filers identified as a result of data matching exercise. With this latest batch, the Department has now issued...
Posted: 25 Jul 2013 12:09 PM PDT
Issue – Whether in the facts and in the circumstances of the case and in law, the ITAT was right in holding that the wrong claim made by the assessee is not filing of inaccurate particulars, ignoring the fact that the assessee has knowingly claimed the setting off of loss against other source...
Posted: 25 Jul 2013 11:39 AM PDT
Issue – Whether a person who is not a actual service provider, but discharges the service tax liability on the Taxable Services, under Section 68(2) of Finance Act, 1994, as a deemed service provider, is entitled to avail the CENVAT credit on inputs/input services/capital goods for payment of...
Posted: 25 Jul 2013 11:32 AM PDT
It is settled law that the dutiability of the final products or inputs, the benefit of cenvat credit in respect of inputs and input services is made available, provided the assessee has necessary documentary evidence and necessary evidence to show utilisation of such input services and in this...
Posted: 24 Jul 2013 10:41 PM PDT
He submitted that prior to amendment in entry no. 98 of Schedule III appended to DVAT Act, 2004 'cups and glasses both made of paper and plastics' were included. However, with effect from 21.06.2012 the word 'plastics' was deleted from entry no. 98 and due to the said amendment 'cups and glasses of...
Posted: 24 Jul 2013 10:35 PM PDT
The applicant is actively involved in the manufacturing and sale of steam radiators, which are used in dye industries and laundries in hotels for drying. He further stated that his client is charging 12.5% rate of VAT on the sale of this item whereas others manufactures of the said item are...
Posted: 24 Jul 2013 11:55 AM PDT
Section 74 of the Maharashtra Value Added Tax Act, 2002 provides for the offences and penalties. Clause (f) of sub-section (3) of section 74 provides that if any dealer fails without sufficient cause, to furnish any return as required under section 20 by the prescribed date and manner shall, on...
Posted: 24 Jul 2013 11:50 AM PDT
I, Prashant Goyal, Commissioner, Value Added Tax, Government of National Capital Territory of Delhi, in exercise of the powers conferred on me by sub-section (1) read with sub-section (2) and (3) of section 70 and sub-section-2 of section 59 of Delhi Value Added Tax Act, 2004, notify that the Form...
Posted: 24 Jul 2013 11:46 AM PDT
In order to facilitate the filing of online DVAT/CST returns, in exercise of the powers conferred under Rule 49A of the DVAT Rules 2005, the last date of filing of return, excluding Annexure 2C and Annexure 2D, for the quarter ending 30.06.2013 for dealers, including composition dealers, shall be...
Posted: 23 Jul 2013 05:20 PM PDT
Notification No. 79 /2013 – Customs (N.T.) New Delhi, dated the  24th  July, 2013             G.S.R…..(E).- In exercise of the powers conferred by clause (aa) of sub-section (1) of section 7 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs, hereby makes the...

MEF empanelment for Bank Branch Auditors for year 2013-14 started

Posted: 24 Jul 2013 08:29 PM PDT
This is to inform that Multipurpose Empanelment form for the year 2013-14 (including form for empanelment of Bank Branch Auditors' for the year 2013-14) has been hosted on the website www.meficai.org on 24.07.2013. Last date for submission of online applications on www.meficai.org is 26th August,...
Posted: 24 Jul 2013 08:29 PM PDT
Income from house property is one of the important heads of income under the Income Tax Act. The taxpayers have been, in particular, keen to know about the exemptions and deductions available to them on repayment of interest and principal of loan obtained to purchase the house property, if that...
Posted: 24 Jul 2013 07:48 PM PDT
I am writing this article on approval of DIN after two years of notification by MCA regarding approval of DIN by Professionals. I am not against the process of MCA to simplify the incorporation procedure as these simplified procedures are assisting us to cope up with the developing world and I know...
Posted: 24 Jul 2013 07:35 PM PDT
CA Jinesh P. Gada Central Board of Excise and Customs, Ministry of Finance has rescinded Notification No. 40/2012-ST dated 20th June 2012 and introduced new Notification No. 12/2013-ST dated 01-07-2013. 1. As per this Notification where the specified services received by the SEZ unit or the...
Posted: 24 Jul 2013 06:01 PM PDT
As stock market investors, we are beneficiaries to various corporate actions like bonus, rights and stock splits. These corporate actions are accompanied by stock price movements in short and long run affecting capital gains whenever we sell shares. As there is an effect on capital gains, tax...
Posted: 24 Jul 2013 05:58 PM PDT
Delays in income tax refunds, even after the stipulated number of months, are faced by many tax payers. Running from pillar to post at the income tax office, having to deal with impolite income tax officials become a part of the ordeal. At such times tax payers often feel helpless with absolutely...
Posted: 24 Jul 2013 05:53 PM PDT
We have always seen this word VAT mentioned in our bills when we purchase a consumer durable or service. So what does this exactly mean? VAT simply means Value Added Tax. Why the word Value Added? For this answer, let us go back in time and see how taxation was earlier.
Posted: 24 Jul 2013 11:31 AM PDT
ISLAMABAD – The Islamabad High Court (IHC) has issued its detailed judgement on a petition challenging government's amnesty scheme introduced by the previous government for smuggled vehicles, calling it illegal. Justice Shaukat Aziz Siddiqui of the IHC declared the SRO issued by the...
Posted: 24 Jul 2013 03:30 AM PDT
Considering the large-scale devastation due to recent natural calamity in the State of Uttarakhand, the Central Board of Direct Taxes, in exercise of powers conferred under section 119 of the Income-tax Act, 1961, hereby extends the 'due-date' for filing Returns of Income required to be...
Posted: 23 Jul 2013 08:20 PM PDT
After implementation of Mobile Number Portability, the Authority had received complaints from the subscribers of corporate mobile numbers that their porting requests have been rejected by the donor operators under the category Contractual Obligation for want of permission/authorization from the...
Posted: 23 Jul 2013 08:12 PM PDT
Extension of the validity of exemption granted in a paper(s) (on the basis of securing a minimum of 60 per cent marks) by one more examination in respect of students who opted to switch over to the Intermediate (Integrated Professional Competence) Course, under the Direct Entry Scheme before 30th...
Posted: 23 Jul 2013 08:07 PM PDT
The VAT Audit Branch, KCS Branch, Spl. Zone Branch and other Wards have been assigned the audit of the business affairs of dealers u/s 58 of DVAT Act, 2004 based on the risk profile of the dealers. Amongst such selected cases, some cases pertain to the dealers who are engaged exclusively in...
Posted: 23 Jul 2013 08:04 PM PDT
I am directed to invite your attention to the above mentioned subject and to say that references have been received from motor vehicle manufacturers, seeking clarification as to whether the excise duty of 30% is applicable on sedan cars like Maruti SX4, Honda Civic and Toyota Corolla Altis.
Posted: 23 Jul 2013 11:35 AM PDT
We invite a reference to our circular DPSS.CO.CHD.No.1622/04.07.05/2012-13 dated March 18, 2013 wherein all lending banks have been advised not to accept any fresh Post Dated Cheques (PDC)/Equated Monthly Installment (EMI) cheques in locations where the facility of ECS/RECS (Debit) is available and...
Posted: 23 Jul 2013 11:34 AM PDT
RBI/2013-14/157 RPCD.CO.RRB.BC.No.14/03.05.33/2013-14 July 23, 2013 The Chairman All Regional Rural Banks (RRBs) Dear Sir, Credit Information Companies (Regulation) Act, 2005 – Compliance Please refer to our circular RPCD.CO.RRB.No.32/03.05.33/2009-10 dated October 20, 2009 advising RRBs, that in...
Posted: 22 Jul 2013 08:01 PM PDT
Ministry of Agriculture has raised the issue of temporary ban on Import of Rice and Peanuts from India due to detection of quarantine pest in an import consignment and highlighted that CFSs conducting phytosanitary measures have no designated area for fumigation and separate storage for keeping...

UPDATES FROM TAXGURU