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Archive: 2008

Posts in 2008

Extension of Last Date for Submission of MEF for the Year 2008-09

September 15, 2008 543 Views 0 comment Print

The last date for submission of application on the website www.meficai. org October, has been extended to 6th 2008 and the last date for receipt of duly signed hard copy of declaration (alongwith the acknowledgement of soft submission of application) at the Institute’s Delhi office has been extended to 16th October, 2008.

Empanelment for ISA Auditors-ICAI

September 15, 2008 2421 Views 0 comment Print

Due to various initiatives taken by the Committee on Information Technology for providing Professional Opportunities to the ISA Qualified members, we are pleased to inform that Computer Emergency Response Team (CERT-In) has recognised D.I.S.A. (ICA) qualification offered by ICAI for empanelment by CERT-In as IS Auditor.

Banks Should Display Info regarding interest rates and service charges On Website – RBI

September 15, 2008 636 Views 0 comment Print

After advising banks to display information regarding interest rates and service charges on the notice board inside their all the branches, now the central bank has asked them to do the same thing on their website. For the purpose, RBI has also issued a format in which the bank should display the information on their websites.

No business profit on conversion of stock into asset – ITAT

September 13, 2008 583 Views 0 comment Print

ACIT vs. Bright Star Investment (ITAT Mumbai) – Where the assessee had converted stock-in-trade into investments at their book value and later sold them and offered to tax the difference between the indexed book value and the sale proceeds as capital gains and the AO took the view that the difference between the book value and the FMV on the date of conversion had to be assessed as business income, Held:

Deduction Under section 80HHC is allowable on Proportionate Basis – SC

September 13, 2008 1228 Views 0 comment Print

Mysodet (P) Ltd vs. CIT (Supreme Court) -Where in respect of the asst. year 1990-91, the assessee claimed deduction under section 80-HHC on traded goods on the proportion that the export turnover bore to the total turnover even though there were no profits from the export activity and the High Court held, relying on IPCA Laboratories vs. CIT 266 ITR 521 (SC), that in the absence of export profits deduction u/s 80-HHC was not available,

Loss in Legal arising as a result of infraction of the law is not allowable :- Bombay HC

September 13, 2008 478 Views 0 comment Print

Mahendra D. Jain vs. ITO (Bombay High Court) – Where the assessee is carrying on an illegal activity which is treated as a business, any loss arising in such business as a result of confiscation by the authorities is an allowable loss. However, where the assessee is carrying on a lawful business, any loss arising as a result of infraction of the law is not allowable.

SET Satellite – High Court reverses ITAT judgement

September 13, 2008 3369 Views 0 comment Print

SET Satellite (Singapore) vs. DDIT (Bombay High Court) – Where the assessee had a ‘Dependent Agency Permanent Establishment’ (‘DAPE’) (“SET India”) in India and it was admitted by the Revenue that the assessee had paid ‘arms length’ remuneration to the said dependent agent but the Tribunal still held (106 ITD 75) that notwithstanding the taxability of the said dependent agent in accordance with domestic law, the assessee had to be assessed in respect of the profits attributable to the said DAPE, held, reversing the judgment of the Tribunal that

No tax on sale of TDR – ITAT Bombay

September 13, 2008 943 Views 0 comment Print

ITO vs. Lotia Co.op Hsg. Soc. (ITAT Mumbai) – Where the assessee was a co.op society and it and its members entered into a development agreement with a builder pursuant to which Tranferable Development Rights (TDR) entitled to be received under the Development Control Regulations was assigned to the developer for the repairs and redevelopment of the building and the construction of additional floors, held that the TDRs were owned by the flat owners individually and as no consideration for the transfer of the TDRs was received by the assessee society nor any area in the constructed portion was allocated to the assessee society, it was not chargeable to tax.

Notification No. G.S.R. 655(E), dated 12/09/2008

September 12, 2008 973 Views 0 comment Print

. – In exercise of the powers conferred by sub-section (1) of section 642 read with section 610B of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules to amend the Companies (Central Government’s) General Rules and Forms, 1956, namely

To invoke section 153A of IT Act, 1961 it is necessary to comply with the provisions of section 132(1)

September 12, 2008 7048 Views 0 comment Print

9. Section 153A would be applicable where a search is initiated under section 132 or books of accounts or other documents or any assets are requisitioned under section 132A of the Act after 31st May, 2003. Therefore, before invoking the provisions of section 153A of the Act it would be necessary to comply with the provisions contained under section 132(1) of the Act. Salient feature of section 132(1)

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