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Archive: 2008

Posts in 2008

Assumption of Jurisdiction u/s. 147 in Case Of Returned Income

November 6, 2008 799 Views 0 comment Print

JAGAN LAMPS LTD. v. ITO The accepting of returned income is not an assessment; hence, it will be incorrect to say that the provisions of section 147 cannot be substituted for verification of correctness of entire information contained in the return of income.

Taxability of Income Received By a Resident Cine Artist from Her Performance in Canada

November 6, 2008 1184 Views 0 comment Print

Pooja Bhatt v. DCIT Income derived by the assessee-artist from the exercise of her activity in Canada is taxable only in source country i.e., Canada as per the scheme of taxation contained in the Indo-Canada Treaty; by using the expression “may be taxed in the other State” in Article 18(1) of the said Treaty, the contracting parties permitted only the other State i.e. State of income source and by implication, the State of residence was precluded from taxing such income.

Applicability Of Section 2(22)(e) Of It Act, 1961 Qua Amount Received by an Assessee-Director From His Company

November 6, 2008 2958 Views 0 comment Print

Sunil Sethi v. DCIT- Where there was documentary evidence on record to substantiate the explanation of the assessee that the amount was given for the business purposes of the company, the same could not be considered to be deemed dividend in the hands of the assessee and the provisions of section 2(22)(e) were not applicable.

Exchange Rate Difference Of Exports Made In Earlier Year – Whether Part Of Export Turnover?

November 6, 2008 961 Views 0 comment Print

ACIT v. Prakash L. Shah – The exchange rate difference pertaining to the exports made in the earlier year shall be part of the export turnover of the year in which such export is made provided such sale proceeds of the eligible goods are realized in India within the period of six months from the end of the previous year or within such further period as allowed by the Competent Authority.

SEBI : Time period for utilization of debt limits

November 6, 2008 382 Views 0 comment Print

It has now been decided that the time period for utilization of the allocated debt limit shall be 11 working days from the date of the allocation.

SEBI : Issuance of Electronic Contract Notes (ECNs) in Equity Derivatives Segment

November 6, 2008 478 Views 0 comment Print

Permit signing of the electronic contract note with a digital signature so as to make the modified format of the electronic contract note a valid legal document like the physical contract note.

Public Notice No. 102 (RE-2008)/2004-2009, Dated: 05.11.2008

November 5, 2008 550 Views 0 comment Print

Agro products, including processed products thereof, covered under standard Input Output norms and for which either no specific rate exists or the specific rate, if any, is below 5%, packed in consumer packs of 1 Kg or less with such details as the generic or common name of the product packed, list of ingredients (in case of processed agro products), not qty, date of packing and “best before” date printed on the package.

Notification No. 55 (RE-2008)/2004-2009, dated: 05.11.2008

November 5, 2008 799 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.

Notification No. 54 (RE-2008)/2004-09, dated: 05.11.2008

November 5, 2008 364 Views 0 comment Print

In partial modification to Notification No. 24 (RE-2006)/ 2004-2009 dated 26th July, 2006, the density mentioned as <925 in para I(1) of the import licensing note in the above notification is hereby amended as > 1.3.

Public Notice No. 101 (RE-2008)/2004-2009, Dated: 04.11.2008

November 4, 2008 418 Views 0 comment Print

In exercise of powers conferred under Paragraph 2.4 of the Foreign Trade Policy 2004- 09, the Director General of Foreign Trade hereby makes the following amendments in Handbook of Procedures.

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