Pursuant to the judgement of the Delhi High Court in Court on Its Own Motion vs. UOI 352 ITR 273, the CBDT has issued Instruction No. 12/2013 (F. NO. 312/55/2013-OT) dated 09.09.2013 stating that no refund should be adjusted without following the procedure prescribed in s. 245 of the Act of intimating the assessee of the proposed adjustment and considering his objections thereto
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Year: 2013
Draft Companies Rules 2013 Is Available For Download
Pursuant to the Companies Act 2013 which was enacted on 29.08.2013, the Ministry of Corporate Affairs has released the Draft Companies Rules 2013
The Law On Tax Treaty Override By Hon’ble Pramod Kumar, Member, ITAT
The question whether a State can indulge in tax treaty override by enacting provisions in the domestic law which are inconsistent/ contrary to the provisions in the tax treaty has been the subject matter of considerable controversy. The author, an Accountant Member of the Income Tax Appellate Tribunal, has, in a presentation made at the annual assembly of the International Association of Tax Judges in Amsterdam, carefully analyzed the entire theory and law on the subject and explained it in the proper perspective
Companies Act 2013 Is Available For Download
The Companies Act, 2013, which received the assent of the President on the 29th August, 2013, is available for download Taxmann Companies Act 2013
CBDT Instruction Regarding Unmatched TDS Challans In Form 26AS
Pursuant to the judgement of the Delhi High Court in Court on Its Own Motion vs. UOI 352 ITR 273, the CBDT has issued Instruction No. 11 of 2013 dated 27.08.2013 stating that where the report by the deductor in the TDS statement are not found available in the OLTAS database resulting in TDS mismatch, the CPC(TDS)/ AOs(TDS) shall immediately issue letters to the deductors, in whose case TDS challans are unmatched, with a view to verify and correct these challans. If necessary, the deductors may be asked to file correction statements, as per the procedure laid down and necessary follow up action be taken. It has been directed that the task should be completed by 31st December 2013 for FY 2012-13 in the case of CPC (TDS) and FYs 2011-12 & earlier in case of AOs (TDS)
CBDT Order Regarding Constitution Of The Dispute Resolution Panel (DRP)
Further to Order No. 1/FT & TR/2013 dated 13.08.2013, the CBDT has issued Order No. 2/FT & TR/2013 dated 27.08.2013 regarding the Constitution of the Dispute Resolution Panel in Delhi, Mumbai, Ahmedabad, Pune, Kolkota, Bangalore, Hyderabad and Chennai with effect from 19.08.2013
Resolution Of Rajasthan Tax Consultants’ Association
RESOLVED that on complaints being received from members broadly raising the following issues in respect of functioning of Hon’ble Accountant Member of ITAT Jaipur Bench; Shri B.R. Jain that
Q & A on Service-Tax VCES 2013
The Voluntary Compliance Encouragement Scheme, 2013 (VCES) has given rise to a number of practical problems. Though the CBEC has issued a clarificatory Circular No. 170/5 /2013 – ST dated 08.08.2013 and also a FAQ, several aspects of the Scheme are still not clear. The author, using his immense practical experience in the subject, has provide clear cut answers to a number of questions raised by tax professionals and tax payers
Change In Constitution Of The Dispute Resolution Panel (DRP)
Vide Order No. 1/FT & TR/2013 dated 13.08.2013, the CBDT has directed a change in the Constitution of the Dispute Resolution Panel in Delhi, Mumbai, Ahmedabad, Pune, Kolkota, Bangalore, Hyderabad and Chennai with effect from 19.08.2013
Transfer Pricing: Rangachary Committee Report On Safe Harbour Rules
The Rangachary Committee was set up in July 2012 to “Review Taxation of Development Centres and the IT Sector” and to “finalise the Safe Harbour Transfer Pricing provisions”. The first report on Taxation of Development Centers and the lT Sector was released in July 2013. The second report on the “Transfer Pricing Safe Harbour” recommendations has been released now
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