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Archive: 27 October 2009

Posts in 27 October 2009

Notification No. 80/2009 – Income Tax Dated 27/10/2009

October 27, 2009 367 Views 0 comment Print

Notification No. 80/2009 – Income Tax In exercise of the powers conferred by clause (iii) of sub-section (4) of section 80-IA of the Income Tax Act, 1961 (43 of 1961), the Central Government hereby makes the following amendment in the notification of the Government of India, Ministry of Finance, Department of Revenue, number S.O. 3458, dated the 2nd September, 2006, and published in the Gazette of India, Part II, section

Operationalisation of provisions of Para 5.11.2 of Hand Book of Procedure Vol.-1 (2009-14)

October 27, 2009 415 Views 0 comment Print

File No.1/36/218/18/AM-10/Policy-5/EPCG-I Government of India Ministry of Commerce and Industry Directorate General of Foreign Trade Udyog Bhawan, New Delhi (EPCG-I Section)  Policy Circular N0. 13 (RE-2009) 2009-14 Dated 27-10-2009 Subject:- Operationalisation of provisions of Para 5.11.2 of Hand Book of Procedure Vol.-1 (2009-14) Reference is invited to Para 5.11.2 of the Hand Book of Procedure […]

Income Tax (I-T) Department issued fresh notice to realty major DLF

October 27, 2009 357 Views 0 comment Print

The Income Tax (I-T) Department has issued a fresh notice to realty major DLF even as it’s appeal against an additional tax liability imposed on it by the I-T Department is being heard. The demand for additional tax payment first came after the Institute of Chartered Accountants of India (ICAI), which sets auditing standards, revised its accounting norms during 2005-06.

Final ca old course extended by 2 more attempts

October 27, 2009 252 Views 0 comment Print

Students are hereby informed that the Council of the Institute of Chartered Accountants of India, having due regard to the concerns of students belonging to Final (Old) stream, has decided to extend the Final (Old) Examination by two more attempts namely May, 2010 and November, 2010.

Shipping income derived from international operations is outside the purview of the Indo-Swiss Tax Treaty

October 27, 2009 1451 Views 0 comment Print

Whether during the previous years relevant to assessment years 2008-09 and 2009-10, the applicant, in the stated facts and circumstances, had a Permanent Establishment in India under Article 5 of India-Switzerland Double Taxation Avoidance Agreement in relation to activity of charter of vessels for transporting cargoes from Indian ports to outside India ?

Notification No. 17/2009-2014, Date: 27.10.2009

October 27, 2009 412 Views 0 comment Print

All items, materials equipment, goods and technology including as set out in lists in documents S/2006/814, S/2006/815 (including S/2009/205), S/2009/364 and S/2006/853 (United Nations Security Council Documents) INFCIRC/254/Rev.9/Part1a and INFCIRC/254/Rev.7/Part 2a (IAEA documents) which could contribute to DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes.

Addition can not be made merely on the basis of assumption

October 27, 2009 4341 Views 0 comment Print

No doubt that the possession of three currency notes with the assessee has raised a presumption that the amount stated on those currency notes was paid by the assessee to the said Shri Shankar Lai. However, the same was a rebuttable presumption. The assessee has explained that these payments were made by the assessee subsequent to the date of survey

Transfer of share completes when the share certificate along with duly executed transfer deed is handed over to the transferee

October 27, 2009 1488 Views 0 comment Print

Admittedly, it is a case of sale of shares. In this regard, share purchase agreement was entered into on 27.1.2005 and final delivery of shares took place on 1/15.4.2005. In the share purchase agreement, detailed provisions were made restricting the vendors from exercising various rights in relation to shares. Revenues’ main contention is that on account of substantial extinguishment of rights in pursuance to share purchase agreement

Genuineness of a gift transaction depend on immediate source of gift

October 27, 2009 630 Views 0 comment Print

Parties are heard arid their rival submissions considered. The following facts are not in dispute: a) the identity of the donor is not in doubt; b) gift is by a declaration deed; c) donor has given an affidavit affirming the making of the gift; d) there is a confirmation through post of gift per Demand Draft; e) affirmation of the assessee in examination on oath recorded by A.0 f) affirmation of the donor in examination on oath recorded;

Computation of undisclosed income in case no incriminating document was found during search

October 27, 2009 909 Views 0 comment Print

Searches conducted by the Income Department are important means for unearthing black money. However, under the scheme before insertion of special procedure for assessment of search cases, valuable time is lost in trying to relate the undisclosed incomes to the different years. Tax evaders generally manage to divert the focus to procedural and legal issues and often invent new evidence to explain undisclosed income. By the time search r

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