beneficiaries

Beware of fraud email related to Income Tax refund

Nowadays I am receiving one or more email daily with subject 'Tax Refund Notification'. With mail I receive a attached form in which they ask bank account details. This is the trap Once you enter your bank account detail which includes your username and password the same get stored in the database of the person sending fraud emails. After receiving your username , password they transfer all your money in their bank account.
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CBDT Press Release on I-T refund fraud in Mumbai

On or about 12th January 2010, an officer in the Income Tax department, Mumbai, noticed that refunds had been issued from his jurisdiction without his knowledge or approval of his higher authorities. He immediately brought the matter to the notice of his superior officers. 2. On internal inquiry by the Income Tax department, it was found that User Ids and Passwords of certain officers had been fraudulently used to generate refunds in some cases. Upon detection of the fra..
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IT department raid on CA unearthed money laundering racket running into over Rs 1,000 crore

The income tax (IT ) department in a raid on a chartered accountant (CA) last week unearthed a money laundering racket running into over Rs 1,000 crore. The CA, Mukesh Choksi, through his several companies generated fake bills showing share transactions in the name of his customers who wanted to convert their black money into white. The department also recovered a pay order of 1 million and came across another onetime transfer of Rs 10 crore in a private bank account.
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Section 164 attracted when the shares of beneficiaries are unknown

SUMMARY OF CASE LAW Section 164 gets attracted only when the shares of the beneficiaries are unknown, which is manifest from the marginal heading of that section itself; so long as the trust deed gives the details of the beneficiaries and the description of the person who is to be benefited, the beneficiaries cannot be [...]
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Income-tax Act is a “National Disgrace” – Justice Dalveer Bhandari, Supreme Court

Hon’ble Mr. Justice Dalveer Bhandari, Judge, Supreme Court of India The Learned Judge laments that the Income-tax Act is a “national disgrace”. He says that it is unfortunate that the law is so complex that even practising Lawyers and Judges have to employ Chartered Accountants or tax experts to file their income tax returns. He [...]
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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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Fema- Circular On Advance Remittance For Import Of Services

With a view to liberalizing the procedure further, it has been decided to raise the limit of USD 100,000 for advance remittance for alladmissible current account transactions for import of services without bank guarantee to USD 500,000 or its equivalent. AD Category – I banks may frame their own guidelines to deal with such cases as per the policy approved by the bank’s Board of Directors. RBI/2008-09/ 158 ,A.P.(DIR Series) Circular No. 15, September 08, 2008
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No power to condone delay in tax matters – High Court

CCE vs. Shruti Colorants (Bombay High Court) - As s. 35-G of the Central Excise Act (and s. 130 of the Customs Act) provides that an appeal to the High Court shall be filed within 180 days of the receipt of the order appealed against and there is no provision for condonation of delay the court has no power to condone delay.
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