Archive for January, 2010

Writ petitions are not maintainable where issue involved is essentially a question of fact under provisions of IT Act, 1961 and Rules framed thereunder

Therefore, since the writ petitions are now dismissed and liberty has been granted to approach the Department, the petitioners granted four weeks time to approach the concerned authority under the provisions of the Act seeking for appropriate remedy. Till such time, the respondents shall not initiate any coercive steps for recovery of the income tax dues. No costs. Consequently, connected miscellaneous petitions are closed.
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Sustainability of orders passed by Settlement Commission in violation of section 245D(4) of IT Act, 1961

Chapter XIX-A is a complete Code in itself as regards settlement of cases for having provided a complete mechanism other than procedure provided under the IT Act. Legislature conferred all powers upon Settlement Commission being vested in IT authority under the Act as provided U/s 245-F and what is being decided by settlement commission is conclusive providing no remedy of revision/review or appeal to the assessee or revenue, envisaged in S.245-I of the Act.
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Income tax refunds may get delayed by a fortnight

Income tax refunds may get delayed for a fortnight, following a complete revamp of security buffers in the computer software system of tax departments across the country, after the discovery last week that someone had hacked into an account and made off with Rs 11 crore.
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Excise Duty Circular on Substantial Expansion by way of increase in installed capacity for the units availing area based exemption

Area based exemption is available to the units in the specified areas in the North-East region, Jammu & Kashmir, Himachal Pradesh and Uttarakhand under different notifications. The exemption is applicable to the new industrial units set up after the specified date and also to the existing units which have undertaken substantial expansion by way of increase in installed capacity by not less than 25%.
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Financial Inclusion-Series 1

INCLUSIVE GROWTH is the word which is often heard and understood less by majority. I will not get into complex explanations of the above word meaning. In simple words Inclusive Growth by its very definition implies an equitable allocation of resources with benefits accruing to every section of society.
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Date for MVAT audit in form 704 in Maharashtra extended?

On 22/01/10 the Hon. Finance Minister Mr. Sunil Tatkare has announced at the time of bhoomipujan ceremony of proposed building of sales tax office of Ratnagiri that MVAT Audit date is extended by 2 months. This announcement was made in the presence of Hon. Sales Tax Commissioner Mr. Sanjay Bhatia, but there is no official communication yet from the Sales tax department which is creating confusion.
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Do promoters know something that you don’t?

The higher the promoter stake in a company the more faith he has in the business. That is how the general belief goes. The same obviously holds true for the reverse as well. And this (lower promoter stake) is definitely something investors would not like.
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CBI alleged involvement of I-T officials and the NSDL staff in fraudulent I-T refund scam

The CBI, investigating the fraudulent I-T refund scam, held a series of meetings with IT officials on Friday. CBI officials said the fraud, in which over Rs 3 crore was transferred into several bank accounts and withdrawn by four key perpetrators, could not have been possible without the involvement of I-T officials and the National Securities Depository Limited (NSDL).
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