Fwd: TaxGuru : “Depreciation at 100% cannot be claimed on the LP gas cylinders fitted to the chassis of transport vehicles” plus 22 more

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From: TaxGuru.in - Daily Tax and Corporate Law Update <info@taxguru.in>
Date: Sat, Aug 27, 2011 at 10:05 AM
Subject: TaxGuru : "Depreciation at 100% cannot be claimed on the LP gas cylinders fitted to the chassis of transport vehicles" plus 22 more
To: palashbiswaskl@gmail.com

TaxGuru : "Depreciation at 100% cannot be claimed on the LP gas cylinders fitted to the chassis of transport vehicles" plus 22 more

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• Depreciation at 100% cannot be claimed on the LP gas cylinders fitted to the chassis of transport vehicles
• From 1st October 2011 all type of Assessee's required to file Service Tax Return Electronically/Online
• Gujarat HC upholds constitutional validity of service tax on renting of immovable property
• Assessee can claim lower of depreciation or business loss as claimed in the books of account for the preceding year while computing book profits u/s 115J
• Automated Form 16 for financial year 2010-2011and Assessment year 2011-12
• Payment for software cannot be treated as a payment for 'process' liable to be taxed as royalty – ITAT Mumbai
• Lack of good faith and due diligence cannot be inferred when the grounds on which ALP determined by the assessee has been rejected are reasonably debatable
• Govt request High Courts to give priority to disposal of long pending cases
• Advocates can practice in courts across the country irrespective of their enrollment in any Bar Council without the need to transfer license to their desired States
• Clarification to the Indian Data Protection Laws
• For interest under Section 244A(1)(b) of the Act the relevant date is the date of payment of tax and not the date on which the amount of tax collected is credited to the account of the Central Government
• Centralised payment of court fee, w.e.f. 1.9.2011, by the CBEC – Directorate of Legal Affairs in appeals filed before the Supreme Court
• Multipurpose Empanelment Form (MEF)- Last Date of online Application extended upto 2nd September, 2011 (05:30 p.m.)
• Differences between proposed Ind ASs and Existing ASs
• SEBI direct brokers to redress investor complaints within a month of receiving them
• Rahul Gandhi's speech in the Lok Sabha on the issue of corruption and Jan Lokpal Bill
• Bar Council of India ensures that each law college follows the Bar Council of India Rules, 2008
• Income Tax Dept to investigate if banks helped people hide black money
• IT Department collecting information on tax returns filed by political parties
• RBI – Contingency plan during strikes in banks / natural calamity- Arrangements for feeding of ATMs
• Amends Notification No. 63/1994-Customs (N.T.) dated 21st November, 1994 thereby declaring Silghat as an LCS
• Regarding anti-dumping duty on imports of PVC Flex Films, originating in, or exported from, People's Republic of China
• Constitution Of New DRP At Specified Places – Modification Of Order No. 4/Ft&Tr/2011 And Suppression Of Order No. 5/Ft&Tr/2011

Depreciation at 100% cannot be claimed on the LP gas cylinders fitted to the chassis of transport vehicles Posted: 26 Aug 2011 09:00 PM PDT CIT Vs M/s Anantha Gas Suppliers (Andhra Pradesh HC) In the absence of any ambiguity, we have to take into consideration the plain language of the statutory provision and the obvious intention of the Legislature in using such a plain language. The... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

From 1st October 2011 all type of Assessee's required to file Service Tax Return Electronically/Online Posted: 26 Aug 2011 08:45 PM PDT Notification No. 43/2011 - Service Tax In the Service Tax Rules, 1994, in rule 7, - (a) in sub-rule (2), the proviso shall be omitted; (b) after sub-rule (2) as so amended, the following sub-rule shall be inserted, namely:- (3) Every assessee shall... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Gujarat HC upholds constitutional validity of service tax on renting of immovable property Posted: 26 Aug 2011 08:44 PM PDT Cinemax India Limited V. UOI & Anr. (Gujrat HC) - While upholding Sec.65[105][zzzz] of Finance Act, 1994 as amended by Sec.75[5][h] and Sec.76 of the Finance Act, 2010, we hold that the provision of Sec.65[105][zzzz] introducing service tax is... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Assessee can claim lower of depreciation or business loss as claimed in the books of account for the preceding year while computing book profits u/s 115J Posted: 26 Aug 2011 08:44 PM PDT Peico Electronics & Electricals Ltd Vs CIT (Kolkutta High Court) - We are of the opinion that the term 'loss' as occurring in clause (b) of the proviso to Section 205 (1) of the Companies Act has to be understood and read as the amount arrived... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Automated Form 16 for financial year 2010-2011and Assessment year 2011-12 Posted: 26 Aug 2011 07:32 PM PDT With this Excel utility we can generate our Form 16 in few minutes without any difficulty, user just have to fill the simple form and data automatically get posted to Form 16. Utility is easy to understand and very simple. Automated Form 16 for... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Payment for software cannot be treated as a payment for 'process' liable to be taxed as royalty – ITAT Mumbai Posted: 26 Aug 2011 06:24 PM PDT ADIT vs. TII Team Telecom International Pvt Ltd (ITAT Mumbai) - In terms of the provisions of Article 12 (3) of the Indo Israel tax treaty, royalty is defined, for the purposes of this tax treaty, as payments of any kind received as a consideration... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Lack of good faith and due diligence cannot be inferred when the grounds on which ALP determined by the assessee has been rejected are reasonably debatable Posted: 26 Aug 2011 06:02 PM PDT DCIT vs. RBS Equities India Ltd (ITAT Mumbai) - lack of 'due diligence' in determining the ALP is neither indicated nor can be inferred. In such a situation, it cannot be said that the assessee has not determined the ALP in accordance with the... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Govt request High Courts to give priority to disposal of long pending cases Posted: 26 Aug 2011 05:43 PM PDT Disposal of cases in the courts is within the domain of the judiciary. However, Government has requested all the High Courts to launch a Mission Mode Programme for reduction of pendency in courts from 01.07.2011 to 31.12.2011. Giving this... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Advocates can practice in courts across the country irrespective of their enrollment in any Bar Council without the need to transfer license to their desired States Posted: 26 Aug 2011 05:41 PM PDT Government has said that it has notified Section 30 of the Advocates Act, 1961 recently enabling the lawyers to practice in courts across the country irrespective of their enrolment in any Bar Council without the need to transfer license to their... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Clarification to the Indian Data Protection Laws Posted: 26 Aug 2011 05:33 PM PDT The Department of Information Technology had notified Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 under section 43A of the Information Technology Act, 2000 on 11.4.2011... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

For interest under Section 244A(1)(b) of the Act the relevant date is the date of payment of tax and not the date on which the amount of tax collected is credited to the account of the Central Government Posted: 26 Aug 2011 05:01 PM PDT ITO Vs M/s Asian Paints Ltd (Mumbai HC) - Once the authorized agent of the Central Government collects the tax by debiting the bank account of the assessee, the payment of tax to the Central Government would be complete. The fact that there is delay... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Centralised payment of court fee, w.e.f. 1.9.2011, by the CBEC – Directorate of Legal Affairs in appeals filed before the Supreme Court Posted: 26 Aug 2011 07:48 AM PDT The existing practice of payment of court fee by the department, as appellant or as respondent, in the appeals filed before the Supreme Court, is that the respective field formation/directorate deposits it in a decentralized manner thorough the... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Multipurpose Empanelment Form (MEF)- Last Date of online Application extended upto 2nd September, 2011 (05:30 p.m.) Posted: 26 Aug 2011 07:09 AM PDT Multipurpose Empanelment Form 2011-12. – (26-08-2011) Last date for submission of online MEF applications on www.meficai.org has been extended upto 2nd September, 2011 (05:30 p.m.). [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Differences between proposed Ind ASs and Existing ASs Posted: 26 Aug 2011 06:34 AM PDT Ind AS 1 generally deals with presentation of financial statements, whereas existing AS 1 (issued1979) deals only with the disclosure of accounting policies. The scope of Ind AS 1 is thus much wider and line by line comparison of the difference with... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

SEBI direct brokers to redress investor complaints within a month of receiving them Posted: 26 Aug 2011 06:26 AM PDT Capital markets regulator Sebi today directed stock brokers and sub-brokers to redress investor complaints within a month of receiving them, saying that failure to do so would make them liable for penal action. The direction comes a day after it... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Rahul Gandhi's speech in the Lok Sabha on the issue of corruption and Jan Lokpal Bill Posted: 26 Aug 2011 05:50 AM PDT I have been deeply distressed at the developments of the last few days. Many aspects of the situation have caused me anguish. We are all aware that corruption is pervasive. It operates at every level. The poor may carry its greatest burden but it is... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Bar Council of India ensures that each law college follows the Bar Council of India Rules, 2008 Posted: 26 Aug 2011 05:44 AM PDT The recommendations made in the 184th Report of the Law Commission on The Legal Education & Professional Training and Proposals for Amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956 are being examined in... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Income Tax Dept to investigate if banks helped people hide black money Posted: 26 Aug 2011 05:40 AM PDT In its pursuit to unearth black money, the Income Tax Department will probe certain banks and their officials suspected to be helping customers hide illicit funds through multiple accounts. We have found instances where banks are running multiple... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

IT Department collecting information on tax returns filed by political parties Posted: 26 Aug 2011 05:28 AM PDT The government today said the Income Tax Department is collecting information on tax returns filed by various political parties and would place it in Parliament. The information is being collected from the field formations spread all over the... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

RBI – Contingency plan during strikes in banks / natural calamity- Arrangements for feeding of ATMs Posted: 26 Aug 2011 05:01 AM PDT The need for replenishing cash in the ATMs of banks, especially in times of strikes in banks/natural calamity so as to mitigate hardships caused to bank customers, was examined by RBI. As a first step in this direction, the use of other bank's ATMs... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Amends Notification No. 63/1994-Customs (N.T.) dated 21st November, 1994 thereby declaring Silghat as an LCS Posted: 26 Aug 2011 04:59 AM PDT In exercise of the powers conferred by clauses (b) and (c) 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 following further amendments in the notification of the... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Regarding anti-dumping duty on imports of PVC Flex Films, originating in, or exported from, People's Republic of China Posted: 26 Aug 2011 04:30 AM PDT Notification No.82/2011-Customs, New Delhi, dated the 25th August, 2011 Whereas, in the matter of import of PVC Flex Films (hereinafter referred to as the subject goods), falling under Chapter 39 of the First Schedule to the Customs Tariff Act,... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

Constitution Of New DRP At Specified Places – Modification Of Order No. 4/Ft&Tr/2011 And Suppression Of Order No. 5/Ft&Tr/2011 Posted: 25 Aug 2011 10:06 PM PDT ORDER NO.6/FT&TR/2011 In partial modification of Order No. 4/FT&TR/2011 and in supersession of Order No. 5/FT&TR/2011, and in exercise of powers conferred under section 144C of the Income-tax Act, 1961, the Board hereby constitutes... [[ This is a content summary only. Visit www.taxguru.in for full article ]]

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