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Archive: 22 October 2009

Posts in 22 October 2009

Amends Notification No. 146/2009-CUSTOMS Duty (N.T.) dated 25th September, 2009

October 22, 2009 364 Views 0 comment Print

In exercise of the powers conferred by Section 14 of the Customs Act, 1962 (52 of 1962), the Board hereby makes the following amendments in the Notification of the Government of India, Ministry of Finance (Department of Revenue) No. 146/2009-CUSTOMS (N.T.) dated the 25th September, 2009 [S. O. 2460 (E)], namely.

RBI circular on submission of certificate from Statutory Auditor to the Bank on NBFC Audit

October 22, 2009 3694 Views 0 comment Print

In terms of Para No. 15 of Non-Banking Financial (Deposit Accepting or Holding) Companies Prudential Norms (Reserve Bank) Directions, 2007 and Non-Banking Financial (Non-Deposit Accepting or Holding) Companies Prudential Norms (Reserve Bank) Directions, 2007, every non-banking financial company has to submit a Certificate from its Statutory Auditor that it is engaged in the business of non-banking financial institution requiring it to hold a Certificate of Registration under Section 45-IA of the RBI Act.

No Penalty U/s. 271D for receipt of Share application money in cash

October 22, 2009 1216 Views 0 comment Print

The Assessing officer initiated proceedings for alleged violation of section 269SS of the Act in as much as the assessee accepted share application money being Rs.20,000/- in cash. Thereafter, penalty was imposed. On appeal, CIT(A) upheld the stand of the assessee that the amount received

Withdrawal of circular related to taxability of income accruing or arising through, or from, business connection in India to a non-resident

October 22, 2009 8215 Views 0 comment Print

The Central Board of Direct Taxes had issued Circular No. 23 (hereinafter called “the Circular”) on 23rd July 1969 regarding taxability of income accruing or arising through, or from, business connection in India to a non-resident, under section 9 of the Income-tax Act, 1961. 2. It is noticed that interpretation of the Circular by some of the taxpayers to claim relief is not in accordance with the provisions of section 9 of the Income-tax Act, 1961 or the intention behind the issuance of the Circular.

Change in method of valuation of closing stock allowed if such change is bona fide and assessee has proper reasons for such change

October 22, 2009 1308 Views 0 comment Print

Section 153A(1) contains non-obstante clause and hence provisions of this section will over-ride the provisions of section 139, section 147, section 148, section 149, section 151 and section 153 of the Act. Under section 153A(1) the assessing officer is empowered is empowered to issue notices to the assessee searched for a period of six year sin order to assess the income on the basis of material found during the course of search.

Availability of exemption u/s 54F on acquisition of land appurtenant to the building or on the investment on land on which building is being constructed

October 22, 2009 2442 Views 0 comment Print

There is no rider u/s 54F that no deduction would be allowed in respect of investment of capital gains made on acquisition of land appurtenant to the building or on the investment on land on which building is being constructed.

True basis of depreciation allowance is the character of the asset not the description of the same

October 22, 2009 990 Views 0 comment Print

Even if an asset is described as goodwill but it fits in the description of section 32(1)(ii), depreciation is to be granted on the same; the true basis of depreciation allowance is the character of the asset and not it’s description.

CLB cannot exercise its inherent powers to pass orders without jurisdiction

October 22, 2009 1510 Views 0 comment Print

The CLB cannot exercise its inherent powers to pass orders without jurisdiction or in utter disregard to orders passed by the Supreme Court or the High Court; an interim order passed by the CLB without jurisdiction and without giving reasons and in utter disregard to the orders passed by the Supreme Court and the High Court cannot be sustained.

Customs Circular on Procedure for import of diamonds for certification and grading and re-export

October 22, 2009 1425 Views 0 comment Print

A new scheme under paragraph 4A.2 has been introduced in the Foreign Trade Policy 2009-2014 (FTP) for import of diamonds for certification and grading and re-export thereof. Procedure in this regard has also been specified under paragraph 4A.14 of Handbook of Procedure Volume I (HBP). To avoid dichotomy in following the procedure by the field formations for allowing import of diamonds for the specified purpose and re-export thereof, the salient feature of this scheme and procedure in this regard are laid down.

Government made available the facility for online registration and filing of Excise and service tax returns

October 22, 2009 925 Views 0 comment Print

The automation drive by the country’s excise and service tax department took another step forward Wednesday with the access to online registration and filing of returns made available in the national capital and surrounding regions. ‘The main objective of the automation drive is to provide an electronic interface with the department that aims to reduce costs, the paperwork, visits to our offices,’ said Sreela Ghosh, chief commissioner of excise and service tax in the capital.

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