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Archive: 31 January 2009

Posts in 31 January 2009

internal audit of the stock brokers-SEBI Training Programme for CAs, CMAs and CS

January 31, 2009 1334 Views 0 comment Print

Taking a leaf from Satyam scam, National Institute of Securities Market (NISM), an initiative of Sebi, has started a nationwide training programme for the internal audit of the stock brokers. The programme aims at helping the audit professionals to carry out an effective internal audit of the broker’s books in order to satisfy the requirements […]

The assessee is entitled to take advantage of reassessment proceedings to re-raise issues that have not attained finality

January 31, 2009 5179 Views 1 comment Print

Where the AO reopened the assessment to rework the book profits u/s 115JA and in an appeal against such order the assessee raised other issues unconnected with the reassessment and the preliminary point arose as to whether in the light of the judgement of the Supreme Court in CIT vs. Sun Engineering 198 ITR 297, […]

Non-residents are not liable to pay interest u/s 234B and 234C for shortfall/deferment in advance-tax

January 31, 2009 5773 Views 0 comment Print

“Whether on the facts and in the circumstances of the case the Tribunal was right in law in upholding the assessee’s contention that when the assessee is not liable to pay advance tax, there is no question of charging interest under Section 234B of the Act by relying upon the decision in the case of Motorola Inc. rendered by Hon’ble Special Bench of ITAT, “A” Bench, Delhi, reported in (2005) 95 ITD 269.”

Even an Indian company can claim the benefits of non-discrimination under the DTAA

January 31, 2009 1351 Views 0 comment Print

Where the assessee was an Indian company and more than 51% of its equity share capital was held by a German company (Daimler Benz AG) and pursuant to an offshore merger the said shares came to be held by another German company (DaimlerChrysler AG) and there being a change of more than 51% of the beneficial interest in the shares, the question arose whether section 79 of the Act (pre- amendment)

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