Archive for November, 2008

Government Plans Interest Sops To Ease Home Loans

The proposal will also include providing loans at below market rates to real estate developers. But the loan disbursed under this will come with a number of conditions like an upper ceiling on selling price of flats and individual homes.The government is considering a proposal to make home loans cheaper for consumers through interest subsidy, aiming to stimulate demand in the realty sector which has a spin-off effect on many industries like cement and steel, said a senio..
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SEZ applications to go online

The Department of Commerce has completed most of the procedures related to setting up special economic zones online to streamline various operations regarding these industrial enclaves.These steps will not only help the developers of the tax-free zones apply through a website but will enable them to track the status of their applications in real time.
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Subodh Kumar Bhargava Vs Commissioner of Income Tax (Delhi High Court)

The tribunal was not right in law in its interpretation of the provisions of Section 275(1)(c) and was wrong in holding that the penalty order passed on 17.02.2004 under Section 271B was within the period of limitation prescribed under the Act.
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Revenue, having accepted the order of the Tribunal in the first round, cannot raise those objections in the second round

Although, no claim under Section 10A had been made before the Assessing Officer, the respondent/assessee had made such a claim before the Commissioner of Income-tax (Appeals). The assessee was fully justified in raising the claim under Section 10A of the said Act, for the first time, before the Commissioner of Income-tax (Appeals), who ought to have entertained it and decided on merits as to whether the assessee was entitled to such a deductions.The revenue, having accep..
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In Times of Crisis, CAs In Demand Like Never Before

THE financial meltdown is expected to bring new opportunities for chartered accountants as companies will seek better control over their finances. So, if BSchools are a worried lot and preferences are fast changing from finance to consulting, the CAs are in demand like never before. Also, as per the ICAI top brass, while the financial sector has been in a turmoil, there is no news of any CA being sacked by any company.
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MCA Forms under Goes – Varies Changes – Pl Note

Following forms going to be revised with effect from 6th Dec. 08:- new version of Form 1AA, 1AD, 2, 3, 5, 8, 10, 15, 17, 19, 20, 20A, 21,22B, 23, 23AA, 23AAA, 23AAB, 23AAC, 23B, 23C, 24, 24A, 24AB, 24B, 25A,25B, 25C, 35A, 36, 37, 39, 44, 49, 52, 61, 62, 63, 64, 65, CAR, DD-B,DD-C, Form PT-II, Form I & Form II will be available on the Portal,effective December 7, 2008, (6.00 AM).
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Determination Of Quantum Of Deduction Under Section 80-I of Income Tax Act, 1961

Gujarat Ambuja Cements Ltd. v. DCIT - For the purposes of determining the quantum of deduction under section 80-I, the taxable income of the industrial undertaking is to be ascertained as if such undertaking were an independent unit owned by the assessee and the assessee had no other source of income; consequently, the unabsorbed losses/deprecation, etc. relating to the eligible industrial undertaking are to be taken into account in determining the quantum of deduction u..
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Taxability Of Income From Trusts Under Section 166 of the Income Tax Act, 1961

H.H. Maharaja v. ACIT - September 12, 2008 - Section 166 can be invoked only when the income is received by the assessee; unless and until the trustees exercise the discretion and distribute the income in favour of any of the beneficiaries, i.e. the assessee, such income cannot be said to be received by the assessee; merely on the basis of presumption, income cannot be taxed in the hands of the assessee.
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