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Clarification regarding selection of profit split method as most appropriate method – Circular 2/2013 dated 26th March, 2013

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The circular lists the factors to be borne in mind while selecting Profit Split method as most appropriate method, while determining the arms length price for transfer pricing purpose.

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Centralised Processing of Statements of Tax Deducted at Source Scheme, 2013 – Notification No. 03 /2013 dated 15th January 2013

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CBDT has made the subject scheme to set out the procedures for filing correction statement, rectifications, appeals, etc in connection with TDS statements filed online.

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Clarifications regarding deduction for software related expenses – Circular 1/2013 dated 17-1-13

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Exemption would be available u/s. 10A, 10AA and 10B (as applicable) vis-à-vis software business in following scenario:

• Software developed abroad at a client’s place amounting to ‘deemed export’, so long as there exists a direct and intimate nexus or connection of development of software done abroad with the eligible units set up in India pursuant to a contract between the client and the eligible unit.

• Profits earned from deployment of technical manpower at the client’s place abroad specifically for software development work pursuant to a contract between the client and the eligible unit provided such deputation of manpower is for the development of such software and all the prescribed conditions are fulfilled.

• In case of each Statement of Works which is a part of a Master Service Agreement.

 • Research and Development activities pertaining to software development would be covered under the definition of ‘Computer Software’.

• In case of a slump sale, the tax holiday can be availed of for the unexpired period at the rates as applicable for the remaining years, subject to fulfilment of prescribed conditions.

• Separate books of account need not be maintained for each eligible unit. However, the assessee should be able to produce the required details called for by the AO.

• When an eligible SEZ unit relocates physically to another SEZ in accordance with the prescribed rules, tax holiday would be available for the unexpired period at the rates applicable to such years.

• Exemption would be available to a freshly set up unit, as long as it is set-up after obtaining necessary approvals from the competent authorities; has not been formed by splitting or reconstruction of an existing business; and fulfils all other conditions prescribed in the relevant provisions of law.

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Insertion of Rule 40BA and Form No. 29C — Notification No. 60/2011 [F. No. 133/70/2011- SO(TPL), dated 1-12-2011.

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CBDT has made following amendments vide Incometax (Ninth Amendment)

Rules, 2011 with effect from 1st December, 2011 Rule 40BA inserted to provide for special provisions for payment of tax by Limited Liability Partnership (LLP)

LLP shall furnish the report of an accountant as required by section 115JC for the purpose of computation of adjusted total income and minimum alternate tax in Form No. 29C.

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Notification no- 52/2012 [S.O.2805(E)] dated 29th November 2012, Income tax (Fifteenth Amendment) Rules, 2012 – Amendment in Rules 11U and 11UA

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Rule 11UA is amended to interalia provide that the Discounted free cash flow method is recognised as one of the methods for valuation for the purpose of issue of shares The Capital Gains Account (First Amendment) Scheme, 2012 – Notification no. 44/2012 dated 25-10-2012
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Circular on issuance of TDS Certificates in Form No. 16A downloaded from TIN Website.

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Circular No. 1 of 2012 [F.No. 276/34/2011-IT(B)], dated 9th April, 2012 — Copy available for download on www.bcasonline.org

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Notification No. 14/2012 (F.No. 142/31/2011- TPL)/S.O. 626 (E), dated March 28, 2012 — Income-tax (third amendment) Rules, 2012 — Amendment in Rule 12 and substitution of Forms ITR 1, ITR 2, ITR 3 ITR 4S, ITR 4 and ITR V.

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The gist of the amendment is as under:

(1) An individual or HUF must file the return of income electronically for the A.Y. 2012-13 and in subsequent years if his/its total income exceeds Rs.10 lakh.

(2) A resident individual or a resident HUF must file the return of income electronically for the A.Y. 2012-13 and subsequent years, if he/it has: (a) assets (including financial interest in any entity) located outside India; or (b) signing authority in any account located outside India.

(3) The prescribed ITR Form SAHAJ — ITR 1 and SUGAM — ITR 4S cannot be used by a resident

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Protocol amending the DTAA between India and Netherlands notified with effect from 2nd November 2012 signed – Notification no. 2/2013 dated 14-1-2013

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Protocol amending the DTAA between India and Netherlands notified with effect from 2nd November 2012 signed – Notification no. 2/2013 dated 14-1-2013

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Extension of time limit for filing ITR V – Notification no. 1/2013 under the CPR Scheme 2011 dated 7-1-1203

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Time limit for filing ITR V for AY 2010-11 filed during financial year 2011-12 and for AY 2011-12, for returns filed on or after 1-4-2011, the due date is extended till 28th February, 2013. For returns filed for AY 2012- 13, the due date is extended till 31st March, 2013 or 120 days from filing the return whichever is later.

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No deduction of TDS u/s. 197A in certain specified cases –Notification no. 56/2012 DATED 31-12-2012

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CBDT has notified that w.e.f 1st January 2013, no TDS would be deducted in the below mentioned payments made by a person to a Scheduled bank as per RBI Act (excluding a foreign bank:

• bank guarantee commission

• cash management service charges;

• depository charges on maintenance of DEMAT accounts;

• charges for warehousing services for commodities; • underwriting service charges; • clearing charges (MICR charges);

• credit card or debit card commission for transaction between the merchant establishment and acquirer bank.

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Assessment of preceding years in search cases during election period – Circular No. 10/2012 dated 31-12-2012

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Pursuant to introduction of Rule 112F, for cases of search u/s. 132 and requisition made u/s. 132A and cash or other assets seized during the election period, no further investigations would be carried out for any preceding assessment years subject to certain certification to be obtained from investigating officer with the approval of the DGIT.

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Instructions regarding e-payment of ITAT fees: Office order [F. No. 19-AD(ATD)/2012 dated 13-12-2012 (Reproduced)

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Advocates/Chartered Accountant/Authorised Representative and assessees are hereby informed that in case of E-Payment of Tribunal Fees, the respective Challans are to be countersigned by the concerned bank manager or attested by the authorised Representatives or assessees themselves. In case of non compliance of these instructions, the remittent of Tribunal fees will not be treated valid.

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Notification No. 15/2012 [F.No. 149/21/2010- S.O. (TPL)]/S.O. 694 (E), dated March 30, 2012 — Income-tax (fourth amendment) Rules, 2012 — Amendment in the New Appendix I.

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Depreciation on windmills installed after March 31, 2012 shall be restricted to 15%.

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The CBDT has made the following amendments vide the Income-tax (Eighth Amendment) Rules, 2011 with effect from 1st November 2011

Changes in the due date of filing TDS returns and other amendments — Notification No. 57/2011/F. No.142/23/2011-SO(TPL), dated 24-10-2011.

The CBDT has made the following amendments vide the Income-tax (Eighth Amendment) Rules, 2011 with effect from 1st November 2011:

  •   The due date for filing TDS returns for Government deductees’ has been prescribed as 31st July, 31st October, 31st January and 15th May for the quarters ended 30th June, 30th September, 31st December and 31st March as mentioned in the Table in Rule 31A.

  •    Additional details to be furnished in the TDS returns of the payees who have furnished pre-scribed forms for non-deduction of TDS due to their taxable income being below the maximum prescribed limits.

  •  In cases where income is assessable in the hands of person other than the deductee, credit for TDS on such income would be given to the other person in cases where the deductee furnishes a declaration to that effect and deductor reports such tax deduction in the name of that other person.

4. CBDT notifies norms for procedure and criteria for compulsory manual selection of cases for scrutiny during Financial Year 2014-2015 – Instruction No. 6 dated 2nd September, 2014

4. CBDT notifies norms for procedure and criteria for compulsory manual selection of cases for scrutiny during Financial Year 2014-2015 – Instruction No. 6 dated 2nd September, 2014

CBDT    extends    the    due    date    for    filing    income    tax    returns    for  assessees who are liable to tax audit u/s. 44aB of the act  –    Order    u/s.    119    of    the    Act    –    File    no:    F.No.153/53/2014-TPL    (Pt.I)    dated    26th    September    2014

 The    Board    has    extended    the    due    date    for    filing    return    of income for assessees who are subject to tax audit from 30th     September     2014     to     30th     November     2014     in     line    with the extension of obtaining the tax audit report. it has been    clarified    in    the    order    that    interest    u/s.    234A    would    be leviable.  in all other cases the due date would remain   at 30-09-14

2. Extension of due date of filing of the return of income – Order F. No. 225-268-2014-ITA.II dated 16th September, 2014

2. Extension of due date of filing of the return of income – Order F. No. 225-268-2014-ITA.II dated 16th September, 2014

Considering     the     large     scale     devastation     in     the     State    of     Jammu     and    Kashmir     due     to     heavy     rains     and     floods,    CBDT     has     extended     the     due-date     of     filing     Returns     of      Income     from     30th    September,     2014     to     30th    November, 2014,     in    cases    of     Income-tax    assessees     in     the    State    of Jammu and Kashmir.

3. Agreement for Avoidance of double taxation and Prevention of fiscal evasion with respect to taxes on income between Government of the Republic of India and the Royal Government of Bhutan enters into force on 17th July, 2014 – Notification No. 42 dated 5th September, 2014

3. Agreement for Avoidance of double taxation and Prevention of fiscal evasion with respect to taxes on income between Government of the Republic of India and the Royal Government of Bhutan enters into force on 17th July, 2014 – Notification No. 42 dated 5th September, 2014

1. Agreement for Avoidance of double taxation and Prevention of fiscal evasion with respect to taxes on income between Government of the Re-public of India and the Government of Republic of Fiji enters into force on 12th August 2014 – Notification No. 35/2014/F.No.503/11/2005/-FTD-11 dated 12th August, 2014

1. Agreement for Avoidance of double taxation and Prevention of fiscal evasion with respect to  taxes on income between Government of the Re-public of India and the Government of Republic of Fiji enters into force on 12th August 2014 – Notification No. 35/2014/F.No.503/11/2005/-FTD-11 dated 12th August, 2014

88. CBDT has issued a letter to all the Chief Commissioners of income- tax clarifying certain issues and laying down important directives for smooth implementation of Safe Harbour Rules which were earlier prescribed – Letter dated 20-12-2013 F.No. 500/139/2012/FTD-1 copy available on www.bcasonline.org

88. CBDT has issued a letter to all the Chief Commissioners of income- tax clarifying certain issues and laying down important directives for smooth implementation of Safe Harbour Rules which were earlier prescribed – Letter dated 20-12-2013 F.No. 500/139/2012/FTD-1 copy available on www.bcasonline.org

87. CBDT issues instructions for relaxing the time frame prescribed u/s. proviso to s/s. 2 of Section 143(1) relating to the date of processing refunds. This would be applicable in cases where the return of income has been filed within the time frame prescribed. Refund is due to the assessee but due to technical reasons not attributable to the assessee, the return has not been processed – Instruction no 18/2013 dated 17th December 2013 (F.No. 225/196/2013-ITA -II) -copy available on www. bcasonline.org

87. CBDT issues instructions for relaxing the time frame prescribed u/s. proviso to s/s. 2 of Section 143(1) relating to the date of processing refunds. This would be applicable in cases where the return of income has been filed within the time frame prescribed. Refund is due to the assessee but due to technical reasons not attributable to the assessee, the return has not been processed – Instruction no 18/2013 dated 17th December 2013 (F.No. 225/196/2013-ITA -II) -copy available on www. bcasonline.org