Penalty

In the long-running tussle between the National Stock Exchange (NSE) and its younger rival MCX-SX, the Competition Commission is believed to have penalised NSE for abusing its dominant market position. As a penalty, NSE has been asked to pay 5% of its average annual turnover and also "cease and desist" of unfair trade practices in the currency derivative trading, sources said. Full Article

Concerned over delinquencies by accountancy firms in cases like Satyam, regulatory body ICAI is seeking changes in the statutes so that fines up to Rs one crore can be imposed on erring entities. "We have sent a proposal to the government to allow Full Article

Direct Tax Code (DTC) 2010 consolidates the withholding tax provisions as well as the procedural law dealing with reporting of income (including branch profits), net wealth and dividends distributed. To ensure compliance with the reporting requirements under DTC 2010, certain amendments have been proposed to the penal provisions, as also provisions relating to prosecution. This article summarizes the key amendments to the procedural law, including amendments to the asses.. Full Article

IN A breather to the assessees, the Supreme Court has ruled that revenue department cannot impose penalty under provisions of the Central Sales Tax Act for furnishing incorrect representation without proving the intention (mens rea) for false representation. The penalty in tax matters is to levied strictly in accordance with the intention of the statutes, said the apex court over-ruling an Allahabad High Court order. Full Article

The Delhi High Court has held that an entity seeking tax deduction cannot be penalised just because it has not supported the claim with documents in its annual return. The judgement was passed on a petition filed by the Income Tax Department, seeking imposition of penalty on the Industrial Finance Corporation of India Limited (IFCI) because it had allegedly furnished "inaccurate particulars" of income to claim tax deduction. Full Article

The amount paid for compounding an offence is inevitably a penalty in terms of section 483 of the Karnataka Municipal Corporation Act, 1976 itself and the mere fact that it has been described as compounding fee cannot, in any way, alter the character of the payment which payment, is in the nature of penalty. Full Article

In the Case of : Western Coalfields vs. ACIT (ITAT Nagpur), Decided by : ITAT Nagpur Bench, Date of Order: 30.06.2009, Appeal No. : ITA No. 261/Nag. 2008 (Assessment Year 2003-04) Explanation to s. 37 (1) does not apply to “penalty” which is not of the nature of illegal / unlawful expenditure The assessee became [...] Full Article

The new Direct Tax Code has proposed some stringent penalty provisions in case of willful attempt to evade tax, but maximum penalty mooted will not be more than two times the amount of tax payable in respect of the amount of tax base underreported. Imprisonment for a term which may extend to seven years and with [...] Full Article