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10.07.2012 - Voice of CA Presents - Updates
Tuesday, July 10, 2012


I.  Service Tax Updates:   

[ Contribution by CA Puneet Goyal, and contributor is available at email-id: ]

(i).    Frequency of Filing of Service Tax Return: After budget 2012, there is lot of confusion as to frequency of filing of Service Tax Return. This is happening due to some letters and draft circulars of CBEC.

(Please click here for detail)

(ii).   For draft Circular for Excise & Service Tax Return

(Please click here)

(iii).  For draft Circular for Excise & Service Tax Registration

(Please click here)


II.  Useful Case laws :

1.  CIT  Vs.  M/s Pruthvi Brokers & Shareholders, ITA No. 3908 of 2010, Dated: 21/06/2012, High court of Bombay

Whether CIT (A)/ ITAT has a power to entertain additional claim which is not made in return of income.

It is well settled that an assessee is entitled to raise not merely additional legal submissions before the appellate authorities, but is also entitled to raise additional claims before them. The appellate authorities have the discretion whether or not to permit such additional claims to be raised. It cannot, however, be said that they have no jurisdiction to consider the same. That they may choose not to exercise their jurisdiction in a given case is another matter. The exercise of discretion is entirely different from the existence of jurisdiction. Goetze was confined to a case where the claim was made only before the AO and not before the appellate authorities. The Court did not lay down that a claim not made before the AO cannot be made before the appellate authorities. The jurisdiction of the appellate authorities to entertain such a claim has not been negated by the Supreme Court in this judgment. On facts, there was nothing to show that the claim entertained by the CIT (A)/ ITAT was improper.

(Please click here for judgment)


2.   General Foods Limited Vs. ACIT, ITA No. 3565/MUM/2008, Date of pronouncement 23/05/2012, ITAT – Mumbai

Declaration of additional income by assessee cannot be disallowed u/s 10A without proper record.

In view of judgment of  M/s National Steel & Agro Industries Ltd.,   it has been Held that there is no error whatsoever in the direction of the CIT (Appeals) to the A.O. to grant the benefit of telescoping. When the assessee has declared additional income, obviously the same is available for explaining either expenditure or for explaining the investments made during that year. These grounds raised in the Revenue’s appeals are dismissed.”

(Please click here for judgment)


III.  Today's News:   

  • Finance Ministry rejects Vodafone's rejoinder on retrospective tax  (Click for detail)
  • Direct tax collections rise 47% in Apr-Jun  (Click for detail)
  • CL: Office Memorandum - Clarification on uploading of information by co.'s in regard to Investor Education and Protection Fund  (Click for detail)
  • ST Circular: Clarification on Service Tax on Remittances  (Click for detail)
  • Submission of On-line Applications for Verification/Inspection/Supply of Copies of Evaluated Answer Books  (Click for detail)


Key of Success :

"We should learn from the pair of walking legs,
the foot which is forward has no pride and 
the foot which is behind has no shame


Thanks for your valuable time


"Voice of CA"  

CA. Sanjay 'Voice of CA' Agarwal
Mob: 9811080342,      
CA. Sidharth Jain, Co-Moderator  
CA. Mukesh K Bansal, Co-Moderator-FEMA 

CA. Avinash Gupta, Co-Moderator-International Taxation 


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