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September 30, 2008
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Functional segregation of tax administration into bulk automated processing and specialized compliance to improve service and enforcement.
The project recommends functional segregation into a Bulk Operations Division to centralize automated processing of routine, non discretionary tasks without taxpayer interface, and a Compliance Operations Division to handle specialized, discretionary cases; supported by workflow based IT, off site record storage, improved taxpayer facilitation channels, risk profiling for scrutiny selection, and organisational change measures to enhance service delivery and enforcement.
September 30, 2008
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Income tax return filing deadline extended in Sikkim due to delayed instructions, now moved to end of October.
The filing deadline for income-tax returns in Sikkim originally due on 31 July 2008 was extended to 31 October 2008 because issuance of Instruction No.8/2008 on filing by non Sikkimese residents in the state was delayed, providing affected taxpayers additional time to comply.
September 30, 2008
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TDS on salary arrears: withhold tax only on arrears actually paid; remaining arrears taxed when paid.
Clarification confirms that withholding tax on salary arrears must be deducted only from the portion of arrears actually paid in the relevant financial year; arrears paid in later years are subject to deduction when they are disbursed. The guidance emphasizes that arrears qualify as salary when paid and that withholding follows the timing of actual payment, consistent with deductions for enhanced GPF/NPS subscriptions and installment payment mechanics.
September 29, 2008
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Extension of return filing deadline granted due to floods, postponing income tax return and tax audit report submission.
The Central Board of Direct Taxes authorized an administrative extension of the last date for filing income tax returns and for obtaining the tax audit report required under the tax law, postponing the statutory filing and tax-audit submission deadline by one month due to disruption caused by floods.
September 25, 2008
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Management consulting services: intra group cost recoveries treated as taxable services, attracting service tax on gross amount.
Intra group provision of assistance and services, even on a no profit cost recovery basis, constitutes management consulting services where recipient companies have independent legal identity, contracts reflect client consultant relationships, and the provider has treated receipts as consultancy fees; such receipts are taxable and service tax is payable on the gross amount, and inability to show reasonable cause permits invocation of the extended period of limitation.
September 24, 2008
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Provision for doubtful debts: not an add back to book profit when it reflects diminution in receivables rather than a liability.
A provision for doubtful debts that reflects probable diminution in the value of receivable assets is not a provision made to meet a liability and therefore does not fall within the Explanation's item permitting add back to book profit; the item requires (1) an amount set aside as a provision, (2) that the provision is for meeting a liability, and (3) that the liability is other than ascertained, so all three ingredients must be satisfied before an add back can be made.
September 24, 2008
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Extension of income tax return filing deadline granted for Jammu Kashmir, including tax audit deadline under section 44AB.
Extension of the statutory deadlines for filing income tax returns and obtaining the tax audit report under Section 44AB of the Income Tax Act, 1961, in Jammu & Kashmir is announced due to dislocation caused by law and order problems; it defers compliance originally due in September to a later date.
September 22, 2008
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Unabsorbed depreciation set-off required before Chapter VI-A deductions, altering entitlement timing for claimants' income-tax exemptions.
The issue is whether unabsorbed depreciation must be set off against business income before computing Chapter VI-A deductions. The court held that unabsorbed depreciation is to be adjusted against income first, and Chapter VI-A deductions are allowable only from the Gross Total Income remaining after such set-off, reversing the tribunal's approach that had permitted Chapter VI-A relief prior to the depreciation set-off.
September 19, 2008
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Extension of tax return filing deadlines granted for disaster-affected jurisdictions, postponing due dates for returns and audits.
The Central Board of Direct Taxes extended statutory filing dates in specified disaster-affected jurisdictions, postponing deadlines for filing income-tax returns and for furnishing tax audit reports to mitigate compliance burdens caused by local disruption.
September 18, 2008
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Avoidance of double taxation promotes cross-border investment and cooperation by providing tax stability and preventing fiscal evasion.
Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion between India and Latvia was approved for signing to provide tax stability, clarify taxing rights, facilitate mutual administrative cooperation, and stimulate the flow of capital, technology and personnel by reducing tax-related obstacles to cross border economic activity.
September 4, 2008
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External debt growth driven by commercial and short term borrowings, while solvency and liquidity indicators remain comfortable.
India's external debt stock rose in 2007-08 to US$221.2 billion, driven mainly by external commercial borrowings and short term debt, with valuation effects from currency movements and rupee appreciation affecting rupee term increases. Government debt's share of total external debt and of GDP declined. Major solvency and liquidity indicators-reserve cover, debt service ratio, external debt to GDP and short term debt ratios-remained in comfortable ranges, and the report enhances reporting on short term external debt.
August 31, 2008
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Double taxation relief procedure: require taxpayers to include foreign income then claim relief, ensuring full reporting.
Taxpayers with foreign income eligible for a Double Taxation Avoidance Agreement must include that income in their Indian taxable income first and thereafter claim relief under the applicable agreement or its implementing notification; the Central Government's notifications standardise this inclusion then relief procedure, applying equally where implementation is through specified associations, to ensure such foreign income is reported before relief is claimed.
August 29, 2008
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Time limit for block assessment: last panchnama date controls limitation, unexplained continuations invalidate extension.
Determination of the limitation period for block assessments under Section 158BE(1)(b) depends on the date of the last panchnama; an unexplained intervening interval and use of a prohibitory or revocation order to continue searches cannot lawfully extend the statutory limitation, and where records show no justification for a later panchnama restarting the limitation clock the assessment is time-barred.
August 22, 2008
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TDS on income: service tax should not be included as taxable income; departmental clarification cannot override statute.
The note argues that TDS applies only to the income component and that service tax, being a tax payable to the government, cannot form part of an assessee's income for deduction; contributors rely on the statutory definition of professional services and the phrase requiring deduction "as income tax on income comprised therein" to support exclusion of service tax from the TDS base and call for a broader authoritative circular rather than reliance on departmental clarification.
August 20, 2008
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TDS on Professional Fees: include service tax in the gross amount, but TDS on rent excludes service tax.
TDS on rent is to be computed without including service tax, whereas TDS on fees for professional or technical services must be deducted on the gross amount inclusive of service tax; this distinction arises from the statutory wording that treats rent as an "income" and fees as "any sum" payable.
August 20, 2008
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Advance tax payments may be misleading as an economic indicator when TDS rises; consider total direct tax collections instead.
The Ministry clarifies that higher total direct tax collections reflect robust revenue growth and that advance tax and tax deducted at source are partial substitutes: increased TDS on company payments reduced residual advance tax liabilities, causing a lower growth rate in advance tax receipts despite strong aggregate direct tax collections; therefore advance tax growth alone is an inadequate indicator of economic health.
August 18, 2008
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Penalty under Section 271(1)(c) can be imposed despite a loss return after the provision's retrospective amendment clarification.
Penalty under Section 271(1)(c) may be levied even where the returned income is a loss, because the Finance Act, 2002 amendment operates retrospectively; Explanation 4 is clarificatory, and the amendment overruled the earlier precedent that barred penalty in the absence of positive returned income.
August 17, 2008
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Investment pattern reform grants trustees greater fiduciary discretion and wider permissible instruments, with staged implementation.
Notification revises the investment pattern for Non Government Provident Funds, Superannuation Funds and Gratuity Funds, consolidating gilt instruments into one category with an elevated ceiling, replacing fixed category ceilings with flexible limits, and adding eligible instruments including rupee bonds of multilateral agencies, money market instruments and qualifying bank term deposits; limited direct equity investment in companies with listed derivatives is permitted. Trustees are recognised as fiduciaries with duties of due diligence and are granted powers to exit downgraded rated instruments, trade within a turnover limit, and temporarily exceed ceilings subject to year end compliance.
August 14, 2008
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Service tax registration documents required for local or centralized registration; branch address proof needed and limited resubmission for amendments.
Service tax registration requires identity and premises documentation: a copy of the assessee's PAN and proof of address for the premises (telephone or electricity bill, rent agreement, or government-issued address document). Partnership firms must supply a partnership deed and companies their Memorandum of Association. Centralized registration requires the same documents plus proof of address for each branch to be included. For amendments, existing documents need not be resubmitted for service additions or deletions, but proof of address must be submitted when a new premises or branch is added.
August 14, 2008
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Financing agreement advances elementary education project, linking external development financing to universal access and quality with equity.
Signing of a Financing Agreement formalises external financing for the Second Elementary Education Project, with the World Bank as principal financer and additional co-financiers, and establishes project aims to increase enrolment, attendance, completion and basic learning among 6-14 year olds, prioritising special focus groups and organised around improving quality with equity and universalising access and promoting equity.

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