• Sep
  • 17
  • 2009

RBI circular on Finance for Housing Projects –Disclosure of Information on Mortgage of Property

Refrence No. RBI/2009-10/ 155 ,Circular No. RPCD.CO.RRB. BC.No. 21 /03.05.33/2009- 10,  Dated: September 14, 2009, Issued to : Chairman, All Regional Rural Banks Dear Sir, Finance for Housing Projects – Incorporating clause in the terms and conditions to disclose in Pamphlets/Brochures /advertisements information regarding mortgage of property to Regional Rural Banks (RRBs)

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  • Sep
  • 17
  • 2009

Dual Listing meaning, problem & reasons for the same

I recently heard that MTN will ask for Dual listing if Merger or takeover deal between Bharti and MTN happens. I wondered what this is all about as we haven’t witnessed such listing in India in past and neither I found  any provisions of dual listing in our country’s law although government official some times [...]

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  • Sep
  • 17
  • 2009

Income Tax department recovered documents of tax evasion worth crores of rupees

Added In Income Tax
Income Tax department today recovered documents of tax evasion worth crores of rupees during a survey at a software company in Sitapura industrial area here. Teams of Mumbai, Kanpur and Pune directorate of IT department in coordination with the Jaipur office raided three places in Jaipur and conducted survey of three companies in Jaipur, Kota and [...]

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  • Sep
  • 17
  • 2009

Resigned Members & Members who retired before 3.6.2009 can practice before the ITAT

CASE LAW DETAILS Decided by: Income Tax Appellate Tribunal, Delhi Bench “B” New Delhi (Special Bench).  In the case of: M/s Concept Creations vs. ACIT, Appeal No.: ITA No. 3370/Del/08 (Asstt. Yr: 2005-06), Order dated: – 15-09-2009. SUMMARY OF CASE LAW Vide Notification dated 3rd June 2009, Rule 13E was inserted in the Income Tax [...]

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  • Sep
  • 17
  • 2009

ICAI asked for suggestions/views/comments on Companies Bill, 2009

Dear Member, Sub: Companies Bill, 2009 As you are aware, the Companies Bill, 2009 has been introduced in Lok Sabha on 3rd August, 2009. The new Bill proposes to open up new avenues for the professionals especially Chartered Accountants and at the same time casts a lot of responsibility on them for conduct of affairs [...]

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  • Sep
  • 16
  • 2009

Intention of landlord material factor in deciding head of income derived by a landlord from hirers of his office space

SUMMARY OF CASE LAW Intention of the landlord is a material factor in deciding the issue as to whether charging of services to be provided in terms of the agreements with the tenants is business income or not; if it is found that main intention is for letting out the property or any portion thereof, [...]

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  • Sep
  • 16
  • 2009

Future option income (F&O) can not be set off against speculation Loss

SUMMARY OF CASE LAW F&O transactions are not speculative transactions and thus, the income from such transactions cannot be set off against the speculation loss.

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  • Sep
  • 16
  • 2009

No addition can be made on the basis of mere statement recorded during survey

SUMMARY OF CASE LAW Merely on the basis of statement having been recorded, no addition can be made unless the same can be corroborated by any material either found during the course of survey or subsequently brought on record by the department while framing the assessment.

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  • Sep
  • 16
  • 2009

HUF can’t claim deduction u/s. 54F for property purchased by Individual in his individual capacity

CASE LAW DETAILS Decided by: HIGH COURT OF DELHI,  In The case of: VIPIN MALIK (HUF) v. CIT,  Appeal No.:,  ITA NO. 1241/2007, Decided on: AUGUST 7, 2009 RELEVENT PARAGRAPH The appellant/assessee, which is a HUF, sold its agricultural land for Rs.14,28,400/ – in September, 1995 giving rise to a long term capital gain of Rs.9,67,412/ [...]

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  • Sep
  • 16
  • 2009

Depreciation on discarded machinery allowable, if used for business purposes in earlier years

SUMMARY OF CASE LAW The expression “used for the purpose of the business” as found in section 32 of IT Act, 1961 when used with respect to discarded machinery would mean that the user in the business is not in the relevant financial year /previous year but in the earlier financial years; thus, the discarded [...]

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