On 29th June 2009 the Government of Maharashtra passed the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2009 (Mah Act No. XVII of 2009) and amended the Maharashtra Value Added Tax. These amendments are brought into effect from 1st July 2009 unless otherwise specified. Following are the amendments which are made in the MVAT […]
The process of assessment is the most significant part of the Income Tax Act. The Act requires an assessee to comply with certain requirements for computing income in accordance with the various provisions, and pay tax on his income so computed. An assessment is the process whereby the department verifies whether the person has complied […]
Swiss banks may have handed over client details to the US, but they have said India is not welcome there on a name-fishing expedition. “Swiss law and even the Organisation for Economic Co-operation and Development’s (OECD) model tax convention do not permit fishing expeditions, in other words, the indiscriminate trawling through bank accounts in the […]
The split within the judiciary over the issue of disclosure of judges’ assets widened on Sunday with the Chief Justice of India K G Balakrishnan dubbing Karnataka High Court judge D V Shylendra Kumar move to chart his own course on the issue as being driven by “publicity”. Refuting charges that he was against judges […]
Under the Export Oriented Units (EOU) scheme, there are some restrictions on how the entitlement of sale in the Domestic Tariff Area (DTA) can be utilised. Firstly, the goods sold in DTA must be similar to the goods exported or to be exported. Secondly, for units manufacturing a number of products, the sale of any […]
The allegation on the audit profession tendering erroneous advice to banks resulting in huge losses by a constitutional authority such as the Central Vigilance Commissioner (CVC) has stirred up a hornets’ nest among the auditors.
It was the duty of the assessee to show with exact figures the basis of calculating the amount of brokerage to be returned to the existing clients. In fact the assessee itself stated in its letter dated 17-3-2003 that it was having a somewhat raw system of deciding and accounting such claims and that these claims were decided on ad hoc basis by the director upon the request from the clients.
Admittedly, the assessee company was dealing in Cement and also engaged in the business of dealing in shares. There is no dispute over the fact that the assessee had taken delivery of shares before selling them. The assessee company had claimed set off of unabsorbed speculation loss relating to assessment year 1995-96 and 1997-98 carried forward in the current assessment year 2003-04.
The offshore supply of equipment from abroad, in common parlance, means that the supply of goods is made outside India. Ordinarily in such a case, the Indian party opens a letter of credit and nominates a bank to issue irrevocable LOC favouring the foreign party.
As the VDIS 1997 certificate issued by the department is valid and subsisting, it is not open to the revenue to contend that there was no jewellery which could be sold by the assessee on 20/1/1999.It is not the case of the revenue that the assessee continues to be in possession of the said diamond jewellery even after the alleged sale effected on 20-1-1999 or that the said jewellery has been sold to third parties.
