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Archive: 06 February 2008

Posts in 06 February 2008

Live Webinar with Book on Section 43B(h) (Financial Fitness)

April 25, 2024 2079 Views 0 comment Print

Live Webinar with Book on Section 43B(h) (Financial Fitness) on 10th May 2024, 6:00 pm to 8:00 pm. CA Manoj Lamba will break down intricacies of Section 43B(h)

Public Notice No. 106 (RE-2007)/2004-09, Dated: 06.02.2008

February 6, 2008 184 Views 0 comment Print

Consequently listed supporting manufacturers shall be ‘co-licensees’ for Target Plus Scheme 2004-05 and Duty Credit scrips (under Target Plus Scheme 2004-05) which have been already issued shall be deemed to be amended to this extent.

Public Notice No. 105 (RE-2007)/2004-2009, Dated: 06.02.2008

February 6, 2008 241 Views 0 comment Print

Where All Industry Rate of Drawback is not available or same is less than 4/5th of duties actually paid on materials or components used in production or manufacture of the said goods, an application in ANF 8 along with prescribed documents may be made to RA or DC, for fixation of brand rate.

Clarification regarding Clubbing of Advance Authorisations under paragraph 4.20 of HBP vol. 1

February 6, 2008 385 Views 0 comment Print

The matter has been considered in this office. It would be evident from paragraph 4.20.1 that the said facility is available for clubbing of more than one authorization provided the imported inputs are properly accounted for as per norms. Accordingly, it is clarified that as long as imported inputs (for which clubbing has been sought) are same, the facility of clubbing would be available for closure of the authorisations irrespective of the fact that the export products are different.

Notification No. 23/2008-Income Tax Dated 6/2/2008

February 6, 2008 358 Views 0 comment Print

Notification No. 23-Income Tax In exercise of the powers conferred by clause 48 of section 2 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby specifies the bond with the following particulars as zero coupon bond for the purposes of the said clause,

Notification No. 22/2008-Income Tax Dated 6/2/2008

February 6, 2008 445 Views 0 comment Print

Notification No. 22-Income Tax It is hereby notified for general information that the organization International Institute of Biotechnology and Toxicology, Padappai, Tamil Nadu has been approved by the Central Government for the purpose of clause (ii) of sub-section (1) of section 35 of the income-tax Act, 1961 (said Act), read with Rules 5C and 5E of the Income-tax Rules, 1962 (said Rules), with effect from

Notification No. 76 (RE-2007)/2004-2009), Dated: 06.02.2008

February 6, 2008 265 Views 0 comment Print

For the export of above quantity of River Sand, Chemicals and Allied Products Export Promotion Council (CAPEXIL) shall ensure that the suppliers/extractors have obtained appropriate clearances and the mining of the said sand is not undertaken in the Coastal Regulation Zone Area, which is prohibited under the Coastal Regulation Zone Notification.

Notification No. 75 (RE-2007)/2004-2009, Dated: 06.02.2008

February 6, 2008 208 Views 0 comment Print

In exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy – 2004-09, the Central Government hereby amends Schedule – I (Imports) of the ITC (HS) Classifications of Export and Import Items, 2004-09.

Validity of Selection of case for scrutiny assessment-Selection contrary to CBDT’s instructions

February 6, 2008 1153 Views 0 comment Print

CIT vs Best Plastics (P) Ltd. The Commissioner of Income-tax and the Income-tax Appellate Tribunal have both relied upon a decision of the Supreme Court in Commissioner of Customs v. Indian Oil Corporation Ltd. [2004] 267 ITR 272 to have that the circulars issued by the Central Board of Direct Taxes (CBDT) binding on the officers of the Income-tax Department. To the same effect is the decision of the Supreme Court in UCO Bank v. CIT [1999] 237 ITR 889.

Income Tax – It is impermissible to convert assets to cash and thereafter impound the same;

February 6, 2008 366 Views 0 comment Print

: A search and seizure was conducted by the revenue (respondents) in the premises of the appellants (KCC software Ltd), pursuant to warrants of authorization dated 3.8.2005. On 4.8.2005 certain assets including jewellery, cash and fixed deposit receipts were seized. On that very day, appellants received a letter from the HDFC Bank at B-28, Community Centre, Janakpuri, New Delhi that operation of five bank accounts of appellant No.1 had been restrained by order issued under Section 132 (3) of the Income Tax Act, 1961 (in short the Act). The Income Tax Department on 4.10.2005 issued two fresh warrants of authorization under Section 132 of the Act in respect of the bank accounts. On 5.10.2005 the bank accounts of the appellants were searched and seized through withdrawal of cash by demand drafts.

Addl CITs cannot be designated as AOs – No CBDT Order available; CIT(A) invalidates assessments for lack of jurisdiction*

February 6, 2008 420 Views 0 comment Print

ADDITIONAL Commissioners of Income Tax as assessing officers? Not a rare sight, indeed! It is a common practice in the Income Tax Department. And the reasons could be anything from dearth of staff, burdensome workload to the sensitive nature of cases. But whatever could be the reasons, their jurisdiction has come under the radar of questioning! The spinal question is : Do they have legitimate jurisdiction to do such assessments? If yes, where is the CBDT order and the procedure laid down for allowing such delegation of such powers?

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