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Archive: 2008

Posts in 2008

I-T Dept Chalks Out Strategy To Keep Tabs On Direct Tax Mop-Up

November 20, 2008 462 Views 0 comment Print

Tightening its belts, the income tax department has chalked out an intensive strategy on collections in the backdrop of slowing economy. Though, direct tax collections have been buoyant so far, the department is not taking any chances as the deadline for payment of the third installment of advance tax is drawing near.A meeting of senior level field officials of income tax department on Wednesday, that was called specially at the behest of revenue secretary PV Bhide, took stock of the state of collections and the strategy for the rest of fiscal.

Hypothetical Tax Paid Abroad Not Income

November 20, 2008 1520 Views 0 comment Print

In what would come as a relief to expat employees coming to India on a posting or Indian employees going abroad, a tax tribunal has ruled that they could exclude the amount deducted as ‘hypothetical tax’ by their employers from their taxable income in the country. The tribunal turned down income-tax authorities contention that this amount was part of the total salary and hence taxable.

ICAI to Oppose Valuation Professionals Bill

November 20, 2008 510 Views 0 comment Print

The government’s move to create a separate breed of corporate valuers in the country is set to face stiff resistance from the Institute of Chartered Accountants of India (ICAI), that trains and regulates the professional conduct of chartered accountants.The Institute is expected to tell the government that financial valuation of companies is best done by chartered accountants and this job be reserved for them. The government’s attempt is to institutionalise this profession with a well laid out code of conduct. It also wants to set up a panel of independent valuers that shareholders and clients would find credible.

SEBI (Prohibition of Insider Trading) (Amendment) Regulations, 2008

November 19, 2008 634 Views 0 comment Print

In the case of subscription in the primary market (initial public offers), the above mentioned entities shall hold their investments for a minimum period of 30 days. The holding period would commence when the securities are actually allotted.

Tribunal cannot examine validity of the action of search under section 132 of IT Act, 1961

November 19, 2008 867 Views 0 comment Print

11. The powers of the Tribunal emanates from the provision of section 254 of the Act and not from any other provisions. The provisions of section 132 of the Act considered by the Hon’ble Rajasthan High Court only specifies the circumstances under which search warrant can be issued by the competent authority. Such provisions have nothing to do with the powers of the Tribunal

Conversion of jumbo rolls of photographic films into small rolls of various sizes is manufacture or not?

November 19, 2008 1036 Views 0 comment Print

India Cine Agencies Vs CIT, Madras Income tax – Sec 32AB benefits – assessee converts jumbo rolls of photographic films into small rolls of various sizes – claims Sec 32AB, Sec 80HH and Sec 80I benefits – AO says it is neither manufacture nor production

SC directs state to refund excess Sales Tax Collected

November 19, 2008 1230 Views 0 comment Print

Explore the Supreme Court judgment on Corporation Bank vs. Saraswati Abharansala regarding excess Sales Tax collection. Learn how the retrospective effect of a notification led to a rate reduction, compelling the state to refund the excess amount. Discover the legal implications, the court’s interpretation, and the directive for the state to refund the tax with interest. Stay informed about key legal precedents and the principles of statutory construction.

Element of transaction of sale is pre-requisite for levy of sales tax

November 19, 2008 2523 Views 0 comment Print

Haleema Zubair, Tropical Traders Vs. State of Kerala (Supreme Court of India)- The business activities relating to transaction of M/s. Poseidon Food Company unless otherwise proved cannot bring the appellant within the purview of definition of `dealer’. If she was not a dealer, the professional fees earned by her would not be exigible to payment of sales tax; only because the appellant happens to be the proprietress of M/s. Tropical Traders also.

Service Tax Refund Application Can Now Be Filed Within Six Months from the End of the Relevant Quarter

November 18, 2008 462 Views 0 comment Print

NOTIFICATION NO 32/2008-Service Tax – Refund application can now be filed within six months from the end of the relevant quarter during which the said goods have been exported. earlier itwas only sixty days.the amending notification no. 32/2008-ST dated 18-11-2008 is appendedherewith for info.

Notification No. 59 (RE-2008)/2004-2009, Dated: 18.11.2008

November 18, 2008 364 Views 0 comment Print

In exercise of the powers conferred by Section 5 read with Section 3(2) of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) and also read with Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2004-2009, the Central Government hereby makes the following amendments to Notification No.93(RE-2007)/2004-2009 dated 1st April, 2008 read with Notification No. 37 (RE-2008)/2004-09 dated 3rd September, 2008.

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