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Archive: 16 September 2009

Posts in 16 September 2009

Public Notice No. 11/2009-2014, Dated: 16.09.2009

September 16, 2009 901 Views 0 comment Print

In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14 and Paragraph 1.1 of the Handbook of Procedures (Vol.1), the Director General of Foreign Trade hereby makes the following amendments in the Handbook of Procedures, Vol.I, 2009-2014, as amended from time to time.

Constitution of an Inter-Ministerial Committee to redress/resolve problems/issues of exporters-Constitution reg

September 16, 2009 274 Views 0 comment Print

Exporters/export organizations/trade organizations are advised to bring their issues/grievances of the nature listed in para 1 of this Circular to the notice of Directorate General of Foreign Trade for placing before this Committee.

SEBI : Systems Audit of Mutual Funds

September 16, 2009 967 Views 0 comment Print

Considering the importance of systems audit in the technology driven asset management activity, it has been decided that mutual funds shall have a systems audit conducted by an independent CISA/CISM qualified or equivalent auditor.

Future option income (F&O) can not be set off against speculation Loss

September 16, 2009 3080 Views 0 comment Print

The dispute raised in this appeal is whether F & O transaction can be considered as speculative transaction or not. The speculative transactions have been defined in section 43(5) as transactions in which contract for purchase or sale of any commodity including stock of shares is periodically and ultimately settled otherwise than by the actual delivery or transfer of commodity or scrips.

No addition can be made on the basis of mere statement recorded during survey

September 16, 2009 1195 Views 0 comment Print

During the course of survey on 05.11.2004, the assessee had agreed to the addition of Rs. 14.06 lakhs on a/c of difference in stock and Rs.0.49 lakhs as difference in cash in hand (total Rs. 15.34000) This addition has accordingly been made in the net profit subject to non-initiation of penalty and prosecution proceedings as stipulated in me statement recorded during survey.

HUF can’t claim deduction u/s. 54F for property purchased by Individual in his individual capacity

September 16, 2009 1497 Views 0 comment Print

The appellant/assessee, which is a HUF, sold its agricultural land for Rs.14,28,400/ – in September, 1995 giving rise to a long term capital gain of Rs.9,67,412/ -. The assessee claimed that the capital gain be not charged as it was entitled to the benefit of Section 54-F of the Income Tax Act, 1961.

RBI extended interest subvention of 2% on rupee export credit for a further period of six months

September 16, 2009 328 Views 0 comment Print

In exercise of the powers conferred by Sections 21 and 35A of the Banking Regulation Act, 1949, the Reserve Bank of India, being satisfied that it is necessary and expedient in the public interest to do so, in continuation of directive UBD.BPD.Dir. (Exp) No. 1/ 13.05.000/2008- 09 dated June 11, 2009 hereby directs that interest subvention on export credit may be continued for a further period of six months i.e. from October 1, 2009 to March 31, 2010 to the same sectors and on the same terms and conditions.

Depreciation on discarded machinery allowable, if used for business purposes in earlier years

September 16, 2009 3201 Views 0 comment Print

The crux of the matter is: what is the meaning to be ascribed to the expression used for the purposes of the business as found in Section 32 of the Income Tax Act, 1961. The provision of Section 32 pertains to depreciation. The contention of the Revenue is that with respect to any machinery for which depreciation is claimed under Section 32,

Writ petition can be dismissed even if the alternative remedy is available to the petitioner under SEBI Act, 1992

September 16, 2009 1614 Views 0 comment Print

It cannot be laid down as a proposition of law that once a petition is admitted, it could never be dismissed on the ground of alternative remedy; therefore, the High Court can entertain the plea whether the writ is maintainable on the ground of availability of alternative remedy, even after the writ petition was admitted and rule nisi was ordered

RBI Circular on Agriclutural Debt Waiver and Debt Relief Scheme, 2009-Prudential Norms

September 16, 2009 457 Views 0 comment Print

It may be recalled that paragraph 2.1 in the Annex to the circular dated July 30, 2008 provided that in case of small and marginal farmers eligible for debt waiver, the amount eligible for waiver, pending receipt from the Government of India, may be transferred by the banks to a separate account named “Amount receivable from Government of India under Agricultural Debt Waiver Scheme 2008”, and the balance in this account should be reflected under the column ‘Advances’ of the Balance Sheet.

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