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Archive: October, 2009

Posts in October, 2009

The depreciation cannot be taken as ‘notionally allowed’, but only as ‘actually allowed’

October 8, 2009 343 Views 0 comment Print

The effect of omission of section 34 and Rule 5AA and consequential amendment in section 32 by omitting reference to section 34 makes it clear that one cannot taken support from the decision of the Hon’ble Apex Court in the case of Mahendra Mills, supra, after the amendment. Section 43(6) of the Act which defines the term “Written Down Value” reads as under :-

Allowability of deduction U/s. 10B to company engaged in business of contract research and in providing of laboratory facility to its parent company in USA

October 8, 2009 582 Views 0 comment Print

Section 10B of the Income-tax Act, 1961 – Export oriented undertaking – Assessment year 2003-04 – Assessee-company was engaged in business of contract research and in providing of laboratory facility to its parent company in USA – It had claimed exemption under section 10B – Assessing Officer observed that assessee was not manufacturing or exporting anything, as it was simply providing services of laboratory

Taxability of Sale Proceed of Assets Purchased before introduction of block concept and sale thereafter

October 8, 2009 9136 Views 0 comment Print

Each of the sub-sections to section 41 deal with different and distinct topics and one cannot read recoupment under one sub-section into another; the depreciation recovered on sale of the capital asset was includible in the total income as balancing charge only under section 41(2); that concept was foreign to the scheme of section 41(1).

Losses could not be ignored in determining the applicability of exception clause of Explanation to section 73

October 8, 2009 423 Views 0 comment Print

Section 254 of the Income-tax Act, 1961 – Appellate Tribunal – Powers of – Assessment year 1996-97 -Whether though Tribunal is not akin to a Court but functions discharged by it are similar to a Court, and, hence, in addition to its expressed statutory powers it has got inherent power to pass such orders as may be necessary for ends of justice – Held, yes –

New Guidelines on requirement of employment visa for Foreign Nationals working in India on Projects

October 7, 2009 4000 Views 0 comment Print

Indian diplomatic posts worldwide are no longer accepting employment visa applications from individuals who are not nationals of the country where the post is located. Instead, these applicants are advised to file their applications at the post in their country of citizenship.

Stock Exchanges need prior approval from SEBI for re-commencing of trading

October 7, 2009 318 Views 0 comment Print

A stock exchange in India is recognized by the Central Government / SEBI under section 4 of Securities Contracts (Regulation) Act, 1956 for the purpose of assisting, regulating or controlling the business of buying, selling or dealing in securities, after it is satisfied that it would be in the interest of the trade and also in the public interest to grant such recognition. Currently, there are 20 recognized stock exchanges in India. However, it has been observed that some of the stock exchanges have no trading over the past several years.

Soon CAs doing ICAEW will enjoy exemption of papers of ICAEW

October 7, 2009 336 Views 0 comment Print

We understand that The Institute of Chartered Accountants of India (ICAI) has been increasingly focusing to deepen the knowledge thrust of the budding Chartered Accountants on one hand and also on other hand ICAI is trying to enable the members of the Institute (Qualified Chartered Accountants) to get recognitions from other allied Institutes of accounting profession of other countries in an easier way.

Notification No. 77/2009 – Income Tax Dated 6/10/2009

October 6, 2009 370 Views 0 comment Print

Notification No. 77/2009 – Income Tax It is hereby notified for general information that the organization Auroville Foundation, Auroville, Tamil Nadu has been approved by the Central Government for the purpose of clause (ii) of sub-section (1) of section 35 of the Income-tax Act, 1961 (said Act), read with Rules 5C and 5E of the Income-tax Rules, 1962 (said Rules), from Assessment year 2009-2010 onwards in

Circular No. 900/20/2009-Central Excise, Dated: 06.10.2009

October 6, 2009 367 Views 0 comment Print

Representations have been received from the Trade and the field formations seeking clarification on the issue as to whether or not the duty paid packing material can be allowed to be brought in the export warehouse used for packing of export goods. The clarification has been sought in view of Para 7.2 of the Board’s Circular No. 581/18/2001-CX dated 29.06.01 which provides that duty paid goods are not permitted to be brought into the warehouse.

Income tax department not sending any mail regarding IT refund

October 6, 2009 453 Views 0 comment Print

Information has been received from several quarters that people are receiving electronic mails informing them of their income-tax refunds and seeking their credit card details. The e-mail is sent from the following or similar mailing addresses.

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