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Archive: 2008

Posts in 2008

Proceedings in search cases cannot be used as an opportunity to reopen

January 5, 2008 525 Views 0 comment Print

THE facts of the case are on a Search & seizure operations carried out at the business premises of the assessee company on 18-3-02 notice u/s 158BC of the I.T. Act, 1961, served on the assessee it was alleged that the assessee that a sum of Rs.54,45,000/ – which was received by the assessee from its sister concern M/s PMC Entertainment Pvt. Ltd, as application money was nothing but the assessee company’s own money which was brought into the books in the garb of application money and the whole transaction was managed, sham and was a deliberate arrangement to subvert the interest of revenue.

Book profits law gets stringent

January 5, 2008 498 Views 0 comment Print

In the Bank of India case, the Authority for Advance Ruling pointed out that the section levying MAT should be considered a self-contained code. It should prevail over the other provisions of the I-T Act. The Minimum Alternate Tax (MAT) has been in vogue intermittently for nearly 20 years. It has undergone several changes in structure. But the basic principle remains the same. The idea is that every company with ability to pay should contribute to the exchequer even though it may not show taxable income because of tax concessions and incentives utilised.

Stricter norms for tax audited accounts justified

January 5, 2008 513 Views 0 comment Print

If the assessing officer is going to make good an omission on the part of the assessee, he must be expressly authorised by law to do so lest he is hauled over coals for cosying up to the assessee. The recent Supreme Court verdict in Goetz (India) Ltd vs CIT (284 ITR 323), tersely dismissing the appeal of the assessee against the order of the assessing officer (AO) not allowing a deduction which it was admittedly entitled to under Chapter VI-A of the Income-tax Act, 1961 but which it had not claimed by even filing the revised return, is unexceptionable though it has come in for criticism from some quarters.

IT Dept acquisition value diminution Not Correct – HC

January 5, 2008 466 Views 0 comment Print

The IT Department acquired a property at Gandhi Nagar in Chennai when the agreement for sale relating to the property was submitted for getting the ‘No Objection’ certificate. This was done on the ground that the apparent consideration was less than the market value. The department made an assessment and found that the difference between the market value and the registered value was more than 15 per cent.

Understanding Family Arrangements: Key FAQs Explained

January 5, 2008 9485 Views 0 comment Print

Explore essential FAQs on family arrangements, including their nature, legality, and differences from partitions. Get clarity on stamping and registration requirements.

Amends Notification No.165/2003-Customs, dated 12 November 2003 on anti Dumping duty on float glass

January 4, 2008 397 Views 0 comment Print

therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act read with rule 23 of the said Rules, the Central Government hereby makes the following amendment in the notification of the Government of India, Ministry of Finance (Department of Revenue), No.165/2003-Customs, dated 12 November 2003, published in the Gazette of India vide number G.S.R. 887(E), dated 12 November 2003, namely

Public Notice No. 97 (RE-2007)/2004-09, Dated: 04.01.2008

January 4, 2008 838 Views 0 comment Print

We undertake to abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992, the Rules and Orders framed thereunder, the Foreign Trade Policy and the Handbook of Procedures.

Circular No.98/1/2008-ST dated 04.01.2008

January 4, 2008 9309 Views 0 comment Print

Commercial or industrial construction service [section 65(105)(zzq)] or works contract service [section 65(105)(zzzza)] is used for construction of an immovable property. Renting of an immovable property is leviable to service tax [section 65(105)(zzzz)]

BRITANNIA-PENSION DISPUTE-HC Decision-ICAI verdict awaited

January 4, 2008 975 Views 0 comment Print

HC asks Britannia to return pension money Firm had challenged an Income Tax dept show cause notice on why it withdrew such a huge amount from the employees’ fund.Britannia Industries (BIL) has been asked by the Calcutta High Court to pay back the Rs 12 crore it allegedly withdrew from the company’s pension fund. BIL had recieved a showcause notice from the income tax department to explain the withdrawal in 2003.

Notification No. 03/2008-Customs Duty, dated 03-01-2008

January 3, 2008 637 Views 0 comment Print

therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Act and in pursuance of rule 23 of the said Rules, the Central Government hereby makes the following amendment in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 102/2006-Customs, dated the 29th September, 2006, published in the Gazette of India vide number G.S.R.605 (E), dated the 29th September, 2006, namely

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