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Archive: February, 2009

Posts in February, 2009

Applicability of section 194D of IT Act in case of a reinsurance company paying commission to insurance companies

February 23, 2009 5727 Views 0 comment Print

32. In order to attract section 194D, the commission or any other payment covered under the section should be a remuneration or reward for soliciting or procuring the insurance business. The insurance companies do not procure business for the assessee company nor does the assessee company pay commission or other payment for soliciting the business from the insurance companies.

Condition precedent for raising presumption under section 132(4A) read with section 292C of IT Act against a person searched

February 23, 2009 6343 Views 0 comment Print

(iii) that the signature and every other part of such books of account and other documents which purport to be in the handwriting of any particular person or which may reasonably be assumed to have been signed by, or to be in the handwriting of, any particular person, are in that person’s handwriting, and in the case of a document stamped, executed or attested, that it was duly stamped and executed or attested

Taxability of fraudulent income earned under Income Tax

February 23, 2009 4986 Views 0 comment Print

The law considers income earned legally as well as tainted income alike. The burglar and the swindler are as much liable to tax as an honest businessman. A person lives by regularly receiving and reselling stolen goods for a profit. Is the profit made by him taxable as income? Another person takes to burglary on […]

Exchange Gain on Export of Goods & Service–Export Income (Sec-10B)

February 23, 2009 1442 Views 0 comment Print

10B (4) For the purposes of sub-section (1), the profits derived from export of articles or things or computer software shall be the amount which Bears to the profits of the business of the undertaking, the same proportion as the export turnover in respect of such articles or things or computer software bears to the total turnover of tljie business carried on by the undertaking.”

Tribunal has no power to review its own orders adjudicated on merits

February 23, 2009 2772 Views 0 comment Print

6.9 Right to review is a creature of statute as is right of appeal. The income-tax Act does not confer any power on the appellate authority, to review its own order. A review is not a substitute for an appeal, as held by the Rajasthan High Court in Jaipur Finance & Dairy Product (P) Ltd. v. CIT (1980) 18 CTR (Raj) 324; (1980) 125 ITR 404 (Raj). The Rajasthan High Court in CIT v. Globe Transport Corporation

Companies Can Sue Power Suppliers under Consumer Law: SC

February 23, 2009 1305 Views 0 comment Print

THE Supreme Court has ruled that companies engaged in commercial activities can drag their electricity supplier to a consumer forum and seek damages for deficiency in services. A bench of Justice Markandey Katju and Justice RM Lodha rejected a plea of Karnataka Power Transmission Corporation in which it had said a company using electricity for […]

SLUMDOG MILLIONAIRE BAG 8 OSCAR AWARDS & SMILE PINKY ALSO WON

February 23, 2009 696 Views 0 comment Print

Best Picture SLUMDOG MILLIONAIRE Actor in a Leading Role Sean Penn for Movie MILK Actress in a Leading Role Kate Winslet THE READER Directing SLUMDOG MILLIONAIRE Foreign Language Film Departures Music (Song) SLUMDOG MILLIONAIRE Music (Score) SLUMDOG MILLIONAIRE Film Editing SLUMDOG MILLIONAIRE Sound Mixing SLUMDOG MILLIONAIRE Sound Editing THE DARK KNIGHT Visual Effects THE CURIOUS […]

Exemption to specified goods imported on procured by EOU’s, STP Units, EHTP units etc. for specified purposes

February 23, 2009 1429 Views 0 comment Print

In ANNEXURE-I, after serial number l5A and the entries relating thereto, the following serial number and entries shall be inserted, namely: – “15B. Pharmaceuticals samples in retail packs (repacked from bulk packs exported by the unit) imported for retention or stability in terms of any statutory requirements.”;

Notification No. 3/2009-Central Excise Dated 23rd February, 2009

February 23, 2009 2474 Views 0 comment Print

G.S.R.110(E). – In exercise of the powers conferred by sub-section (1) of Section 5A of the Central Excise Act, 1944 (1 of 1944), read with sub-section (3) of Section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957) and sub-section (3) of Section 3 of Additional Duties of Excise (Textile and Textile Articles) Act, 1978 (40 of 1978), the Central Government, on being satisfied that it is necessary in the public interest so to do

DGFT- List of Nodal Officers nominated to assist Exporters

February 23, 2009 723 Views 0 comment Print

under paragraph 2.4 of the Foreign Trade Policy 2004-09, the Director General of Foreign Trade hereby makes the following amendments in Appendix-17 (List of Nodal Officers nominated to assist Exporters)

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