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Archive: August, 2009

Posts in August, 2009

Taxability of Income to American company by allowing use of its database located abroad to customers in India

August 24, 2009 1623 Views 0 comment Print

The applicant maintains a `database’ which is located outside India and which contains the financial and economic information including fundamental data of a large number of companies world-wise. The customers of the applicant are mostly financial intermediaries and investment banks which have the need for such data. The databases contain the published information collated,

Loss on purchase and sale of units of mutual fund cannot be treated as speculation loss

August 24, 2009 4865 Views 0 comment Print

The assessee is engaged in rendering Business & Management Consultancy and Marketing Services to its various clients against payment of professional fees. The assessee invested Rs 2,00,00,000/ – in 14,38,848.929 units of Sun F &C fund. The dividend of Rs.43,16,546. 70 received on 22.02.2001 was also reinvested in 4,09,151.252 units of the said fund as per the scheme of reinvestment plan.

Warrant of authorization decides whether a person has been subjected to search or not

August 24, 2009 1303 Views 0 comment Print

. Section 132(1) empowers the Director General or Director or the Chief Commissioner or Commissioner or any such Joint Director or Joint Commissioner, as may be empowered in this behalf by the Board to authorize Joint Director, Joint Commissioner or other lower authorities to conduct the search if the former authority has reason to believe that the case falls under clauses (a) to (c) of sub­section (1).

Breach Candy Hospital Trust Vs. CCIT (2010) 192 TAXMAN 98 (Bom)

August 24, 2009 2071 Views 0 comment Print

The Division Bench in the facts of the case had held that there was absence of any material to show that generally there was a profit in the hospital activities of the petitioner therein. In this context, it was held that it cannot be said that the petitioner did not exist solely for philanthropic purpose but, for the purpose of profit and the rejection of the application of the petitioner therein was held not valid

Can penalty u/s. 271(1)(c) be imposed in a case where assessee has raised a debatable issue?

August 24, 2009 1501 Views 0 comment Print

CIT Vs. Indersons Leather P. Ltd. (P&H HC)- The assessee company, after discontinuing its manufacturing business, leased out its shed along with fittings and disclosed the income as income from business, whereas the Revenue contended that the same be assessed as “Income from house property. The issue under consideration is whether penalty under section 271(1)(c) can be imposed in such a case. On this issue, the High Court observed that, mere raising of a debatable issue would not amount to concealment of income or furnishing inaccurate particulars and therefore, penalty under section 271(1)(c) cannot be imposed.

RBI issued circular on providing Collateral Free loans to Micro and Small Enterprises(MSEs)

August 24, 2009 1291 Views 0 comment Print

On September 21, 2007 banks were advised, vide our circular RPCD.PLNFS.No 3068 /06.02.31/2007-08, that they may extend collateral-free loans upto Rs. 5 lakh, to all newloans sanctioned to the units of MSE sector (both manufacturing and services enterprises) as defined under MSMED Act, 2006.On September 21, 2007 banks were advised, vide our circular RPCD.PLNFS.No 3068 /06.02.31/2007-08, that they may extend collateral-free loans upto Rs. 5 lakh, to all newloans sanctioned to the units of MSE sector (both manufacturing and services enterprises) as defined under MSMED Act, 2006.

Facility of advance ruling on service tax and excise matters extended to PSU and resident Indian companies

August 24, 2009 618 Views 0 comment Print

Public sector companies can now seek advance ruling on Customs, Central Excise and Service Tax matters. Also, Indian companies (those considered as resident under the Income-Tax law) have now been allowed to seek advance ruling on project imports. The Center’s move to extend the advance ruling facility to public sector companies comes nearly a decade […]

CVC charged chartered accounting fraternity with giving erroneous advice to banks resulting in huge losses

August 24, 2009 642 Views 0 comment Print

The Central Vigilance Commission (CVC) has charged the chartered accounting fraternity with giving erroneous advice to banks resulting in huge losses for the lenders.  It has pointed out that in several cases, the advice given by CAs to banks and financial institutions was deficient, especially regarding the status of loans, creditors, sundry debtors, assets, known […]

Direct Tax code may bring ULIP & Life Insurance Plan under tax net

August 24, 2009 3259 Views 0 comment Print

Any sum received under a life insurance policy including any bonus thereon will be exempt, only if the premium does not exceed 5% of the capital sum assured and such sum is received only upon completion of the original period of contract or upon the death of the insured.

New direct tax code and taxability of Provident Fund

August 24, 2009 14134 Views 0 comment Print

It’s Traditionally  been viewed as a retirement saving tool and one that allows you to avail of tax deductions. In fact, you will find that most conversations about provident funds only take place during the income-tax filing season, or when salaried individuals are retiring or leaving one organisation for another. In fact, fairly little is […]

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