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    DATE OF FILING OF I-T RETURNS EXTENDED IN BIHAR
    DIRECT TAX COLLECTIONS MAINTAINS GROWTH OF OVER 40% DURING APRIL-SEPTEMBER 2007
    Income Tax - Revenue Expenditure Vs. Capital Expenditure – Scope of the term Current Repair u/s 31(i)
    TAXPAYERS LIABLE TO TDS / TCS ARE ADVISED TO FURNISH THEIR CORRECT PAN WITH THEIR DEDUCTORS
    Cheers importers cum traders – a bonanza from Ministry of Finance
    ‘INDIA’S EXTERNAL DEBT : A STATUS REPORT’ RELEASED
    A single reference of religious activity is sufficient to debar assessee from exemption u/s 80G
    Whether a company can avoid TDS on the ground that the loan has been taken on behalf of directors?
    INDIA SIGNS DOUBLE TAXATION AVOIDANCE AGREEMENT WITH MEXICO
    What is the Scope of the term “Manufacture” for the purpose of Income Tax - Sec. 35B
    Power of ITAT to grant Stay – Effect of amendment made by Finance Act, 2007 in Section 254 (2A)
    REWARD TO INFORMERS OF INCOME TAX EVASION
    DIRECT TAX COLLECTIONS GROW 42% DURING APRIL-AUGUST
    ELECTRONIC FILING OF TDS/TCS BY GOVERNMENT AND CORPORATE DEDUCTORS/COLLECTORS
    Area Based Exemption – Growth of employment is not at par with investment
    IT DEPARTMENT CONDUCTS SURVEYS AT COACHING INSTITUTES AND PLACEMENT AGENCIES
    Central government has issued various corrigenda recently for Service Tax, Central Excise and Customs.
    Income Tax - Cost Inflation Index for financial year 2007-08 is
    Income Tax - Payment through Credit Card / Debit Card / Electronic Clearance
    Meaning of wholly owned subsidiary company – For the purpose of Advance Ruling
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October 10, 2007
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Extension of income tax return filing deadline granted for taxpayers in Bihar due to floods.
An administrative extension of the income tax return filing deadline was granted for taxpayers in Bihar due to severe flooding that disrupted timely compliance, moving returns originally due on the earlier date to a later date to accommodate disaster-related impediments and preserve filing opportunities.
October 5, 2007
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Direct tax collections growth signals broader revenue buoyancy and improved tax compliance across payment types and regions.
Direct tax collections for April-September 2007 rose substantially year-on-year, driven by stronger corporate tax and personal income tax receipts, notable increases in STT and FBT, and marked growth in advance tax, TDS and self-assessment tax, indicating broad revenue buoyancy and improved tax compliance; regional performance was uneven, with some areas showing very high corporate tax growth while others recorded declines.
October 4, 2007
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Current repairs scope clarified: modernization and replacement expenses fall outside deduction under section 31(i) repair test.
The issue is whether "modernization and replacement expenses" qualify as current repairs deductible under section 31(i). The Court found that the proper test is whether the expenditure is genuinely repair in the ordinary sense rather than an alteration, improvement or capital replacement, and that the lower authorities failed to apply that test to the claimed modernization and replacement outlays.
September 25, 2007
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PAN requirement for TDS/TCS: returns missing correct PAN data will be rejected and attract penalties under tax law.
From the quarter ending 30.9.2007, Form 24Q with under ninety percent PAN data and Forms 26Q/27EQ with under seventy percent PAN data will not be accepted; deductors/collectors must obtain and quote correct PANs or face return rejection and penal consequences under the Income Tax Act. Taxpayers liable to TDS/TCS must furnish correct PAN to deductors. Electronic filing is mandatory for deductors required to have accounts audited in the preceding year and for those with more than fifty records in any prior quarterly statement; paper returns from such deductors will be disallowed.
September 18, 2007
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Refund of Additional Duty of Customs allowed subject to invoice disclosure, sales tax compliance and refund claim procedures.
Exemption by refund of the Additional Duty of Customs levied under subsection (5) of section 3 is subject to conditions: importers must pay all duties at import, file a refund claim with the jurisdictional customs officer, specify on sales invoices that no credit of the additional duty is admissible, and pay appropriate sales tax or VAT on sale. Consequential provisos have been added to Central Excise and Cenvat Credit rules and related manual guidance to prevent misuse.
September 17, 2007
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External debt stock rise driven by commercial borrowings despite improved debt service ratio and strong reserve coverage.
India's external debt stock was US$155.0 billion at end March 2007, driven mainly by commercial borrowings, NRI deposits, short term and multilateral debt, with valuation effects contributing. Sovereign debt comprised about one third of the stock. Debt service ratio improved while debt to GDP and short term debt ratios rose slightly. Foreign exchange reserves covered total external debt by a substantial margin. The Status Report provides analysis, time series since 1990 and international comparisons and is available from the Ministry of Finance.
September 12, 2007
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Religious activity bar to 80G exemption affirmed; prior long grant does not preclude reassessment and supervisory action ordered by authority.
A single reference to religious activity in a trust's objectives suffices to deny exemption under Section 80G; prior long-standing grants of exemption do not prevent authorities from refusing or withdrawing exemption when renewal is sought and statutory criteria are unmet. The ruling also reproves disparaging remarks by the assessing officer and directs supervisory authorities to consider appropriate action against that officer.
September 12, 2007
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TDS obligation: company must withhold tax on interest even if loans were availed for directors' benefit.
A company remains subject to the withholding regime on interest paid where loans are availed and repaid by the company but were taken for its directors and obtained through misuse of the company's name; the factual misuse does not negate the company's statutory TDS obligation on such interest payments and the company must comply with withholding requirements.
September 11, 2007
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Withholding tax limits on dividends, interest and royalties permit source taxation subject to capped rates and tax credit relief.
Double Taxation Avoidance Agreement between India and Mexico allocates taxing rights for income including dividends, interest, royalties and fees for technical services, permits source and residence taxation with a capped source withholding where the beneficial owner resides in the other Contracting State, assigns capital gains on company shares to the company's residence, and provides relief by crediting taxes paid abroad.
September 10, 2007
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Manufacture scope excludes processing; blending tea is processing and not eligible for weighted tax deduction.
The court concluded that blending of tea amounts to processing only and does not constitute production or manufacture for the weighted deduction provision; since processing is not included in the statutory wording, such activity does not qualify for the weighted deduction.
September 10, 2007
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Power to grant stay preserved where delay not attributable to assessee; tribunal may extend interim relief on good cause.
The provisos to amended Section 254(2A) impose procedural limits on the duration and extension of stays and require disposal within specified periods, but do not eliminate the Tribunal's inherent power to grant or continue interim relief; the third proviso should be read as permitting vacation of stay only when delay is attributable to the assessee, while the Tribunal may extend or continue interim relief where delay is not attributable to the assessee.
September 8, 2007
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Reward to informers: department affirms guideline adequacy and ongoing disbursement efforts for outstanding pending cases.
Rewards to informers for income tax evasion were disbursed in specified amounts over three financial years; a reward is deemed outstanding only after the Competent Authority determines it and it remains unpaid. One outstanding case exists due to an untraceable informer and efforts are being made to disburse the amount. The Central Board of Direct Taxes' guidelines for payment of rewards are considered adequate.
September 7, 2007
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Direct tax collection growth signals improved compliance and administration, with corporate and personal taxes rising sharply.
Direct tax collections for the five-month period to August 2007 showed substantial year-on-year growth driven by marked increases in corporate and personal income tax receipts, with Securities Transaction Tax and Banking Cash Transaction Tax contributing to the overall rise. The press release attributes the expansion to economic buoyancy, improved taxpayer compliance and strengthened tax administration, presenting the trend as consistent fiscal-year-to-date growth and enhanced revenue mobilisation capacity.
September 4, 2007
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Electronic TDS/TCS filing requirement expands to audited and high-record deductors, with daily penalty for non-compliance.
Rules 31A and 31AA now require quarterly TDS/TCS statements to be filed electronically not only by Government offices and companies but also by persons required to obtain an audit of accounts in the immediately preceding financial year and by those whose quarterly statements exceeded fifty deductee/collectee records in any quarter of the immediately preceding financial year. The amendment is effective from 1 September 2007 and non-compliance attracts a daily penalty under the Income-tax Act.
August 22, 2007
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Area Based Exemption shows uneven employment outcomes; recommends verification of registrations and probe of dummy units.
Area Based Exemption incentives produced higher employment yields in Jammu & Kashmir and Himachal Pradesh but not in Uttrakhand; the note recommends verifying employee numbers through Provident Fund and Employee State Insurance registrations, investigating dummy units in incentivised areas, and determining reasons for Uttrakhand's lower employment generation to prevent misuse and correct data inaccuracies.
August 14, 2007
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Tax evasion investigations after department surveys uncover admissions and ongoing probes may detect further undisclosed income.
The Income Tax Department conducted surveys at multiple coaching institutes, placement agencies, air services institutes and foreign education placement agencies in Delhi and Mumbai to collect evidentiary material; several entities admitted tax evasion and further investigations and detections are ongoing.
August 11, 2007
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Service tax corrigenda correct exemption wording for technology incubators and fix subparagraph reference for diplomatic mission exemptions.
Corrigenda amend prior tax notifications: Service Tax corrections replace wording to read "previous financial year" in an exemption for services to Technology Business Incubators, STEP, NSTEDB and the Department of Science and Technology, and correct a sub paragraph reference from "(i)" to "(ii)" in an exemption for services used by foreign diplomatic missions and consular posts. A Central Excise corrigendum is also referenced but not substantively described in the supplied text.
August 8, 2007
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Cost Inflation Index updated to adjust indexed cost for capital gains under the income-tax provision.
Cost Inflation Index specified as 551 for the financial year 2007-08 to determine indexed cost for capital gains, fixed under the Explanation to the income-tax provision on the basis of seventy-five per cent of the average rise in the Consumer Price Index for urban non-manual employees, and inserted into the official notification table by amendment.
June 30, 2007
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Payment by credit or debit card permitted as valid mode preventing disallowance under Section 40A when made electronically.
The substituted Rule 6DD provides that no disallowance under Section 40A(3) shall be made where payments exceeding the cash threshold are made by specified payees or by specified modes including letters of credit, telegraphic transfers, book adjustments, bills of exchange payable to a bank, electronic clearing through a bank account, credit cards and debit cards, and where defined exceptions apply for adjustments against liabilities, purchases from producers, cottage industry payments, localities without banks, employee terminal benefits, temporary postings without local bank accounts, bank closures, agent cash payments, and authorised foreign currency dealers.
June 4, 2007
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Wholly owned subsidiary concept clarified: authority requires near-total parental shareholding for advance ruling purposes.
The term wholly owned subsidiary is not defined in the Companies Act, 1956 or other statutes for advance rulings; because absolute 100% ownership is not feasible under the Companies Act, the Advance Ruling Authority applied a functional approach, requiring an overwhelming majority shareholding by the holding company-a near-total parental stake short of absolute totality-to treat an entity as a wholly owned subsidiary for advance ruling purposes.

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