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Archive: 2008

Posts in 2008

Advocates cant audit, only CAs/cost accountants can

May 15, 2008 1340 Views 0 comment Print

The Supreme Court today said that only chartered or cost accountants will be eligible to audit and certify sales tax returns in bid to prevent evasion. The decision would affect the lawyers specialising in Sales Tax laws and former Sales Tax officers who work as sales tax practitioners.

Under Rule 22 (2) of the Anti-Dumping Rules and the proviso thereto, the initiation of a new shipper review cannot be with retrospective effect in the case of a first time exporter.

May 14, 2008 702 Views 0 comment Print

H and R Johnson (India) Limited,Versus Union of India – Under the given circumstances of the case and particularly the purport of Rule 22 (2) of the Anti-Dumping Rules and the proviso thereto, the initiation of a new shipper review cannot be with retrospective effect in the case of a first time exporter.

Service Tax Provisions After Enacement of Finance Act, 2008

May 14, 2008 1029 Views 0 comment Print

Finance Bill 2008 stands enacted with effect May 10, 2008. In case of transactions between Associated Enterprises, service tax is required to be paid on actual receipt of money for taxable service or on crediting / debiting the account whichever is earlier effective from May 10, 2008. Seven new services came into effect from May 16, 2008 in the net of service tax.

Damages paid for breach of contract deductible as Business Expenditure

May 14, 2008 3163 Views 0 comment Print

Jamna Auto Industries vs. CIT – The assessee before the Hon’ble Punjab and Haryana High Court was a Partnership firm. The assessee firm had entered into an agreement with M/s. Deutsche Strahil Metail of Berlin a German firm for supply of certain goods of a particular value. The agreement so arrived at, however, could not be acted upon by the assessee as it did not have the requisite import licence for material intended to be imported. On a dispute being referred to the arbitrator, the assessee had to pay damages to the German firm in terms of the award dated 29th July, 1974 for failure to perform its part of the contract.

Income Tax Act as amended by the Finance Act 2008 is now available

May 14, 2008 828 Views 0 comment Print

Income Tax Act Amended by Finance ACT 2008 is now available on the Income Tax Departments website. The Address of the Department Website is as follows:- http://law.incometaxindia.gov.in/TaxmannDit/DisplayPage/dpage1.aspx

Public Notice No. 16 (RE-2008)/2004-09, Dated: 13.05.2008

May 13, 2008 376 Views 0 comment Print

In exercise of powers conferred under Paragraph 2.4 of the Foreign Trade Policy 2004-2009, the Director General of Foreign Trade hereby makes the following amendment in the Handbook of Procedures.

Authorisng officers in the SFIO for the purporse of filing and conducting prosecution under companies Act 1956

May 13, 2008 856 Views 0 comment Print

.— In exercise of the powers conferred by subsection (1) of Section 621 of the Companies Act, 1956 (1 of 1956) , the Central Government hereby authorizes the following officers in the Serious Fraud Investigation Office (SF10), Ministry of Corporate Affairs for the purposes of filing and conducting prosecution under the Companies Act, 1956:‑

Notification No. 8 (RE-2008)/2004-2009, Dated: 13.05.2008

May 13, 2008 388 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, with immediate effect, the following amendment to Notification No.38 (RE-2007)/2004-2009, dated 15.10.2007.

Specifies "Fake Indian Currency Notes" as goods falling in category of prohibited goods

May 13, 2008 985 Views 0 comment Print

In exercise of the powers conferred by sub-clause (c) of clause (i) of sub-section (1) of section 135 of the Customs Act, 1962 (52 of 1962), the Central Government hereby specifies “Fake Indian Currency Notes” as the goods falling in the category of prohibited goods for the purposes of the said section.

Format of Appointment cum Declaration Letter for Tax Audit

May 13, 2008 64356 Views 1 comment Print

Tax Audit for the Financial Year 2009-2010 is although over but I am sure most of us have not taken a deceleration from the management regarding the following items appearing in Tax Audit Report. Given Below is the format in which we can now take the deceleration from management which should be dated either by the Tax Audit Report date or a date prior to that.

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