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Archive: October, 2009

Posts in October, 2009

Final ca old course extended by 2 more attempts

October 27, 2009 255 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 1472 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 433 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 4422 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 1515 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 636 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 921 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

SEBI : Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to normal Rolling Settlement

October 27, 2009 295 Views 0 comment Print

.It is observed from the information provided by the depositories that the companies listed in Annexure ‘A’ have established connectivity with both the depositories during the month of July 2009.

30 per cent of the 80,000 public limited companies not filing their annual returns

October 27, 2009 396 Views 0 comment Print

The Corporate Affairs Ministry said on Monday that around 30 per cent of the 80,000 public limited companies are not filing their annual returns.The Ministry has asked the Registrar of Companies (RoC) not to strike off the names of companies by classifying them as defunct, even if they have not filed their annual returns for three years. This is to find out if any of such companies have committed violations of law.

Information Technology (Amendment) Act, 2008 Comes Into Force

October 27, 2009 5856 Views 0 comment Print

With proliferation of information technology enabled services such as e-governance, e-commerce and e-transactions; data security, data privacy and implementation of security practices and procedures relating to these applications of electronic communications have assumed greater importance and they required harmonization with the provisions of the Information Technology Act. Further, protection of Critical Information Infrastructure is pivotal to national security, economy, public health and safety, thus it had become necessary to declare such infrastructure as protected system, so as to restrict unauthorised access. Further, a rapid increase in the use of computer and Internet has given rise to new forms of crimes like, sending offensive emails and multimedia messages, child pornography, cyber terrorism, publishing sexually explicit materials in electronic form, video voyeurism, breach of confidentiality and leakage of data by intermediary, e-commerce frauds like cheating by personation – commonly known as phishing, identity theft, frauds on online auction sites, etc. So, penal provisions were required to be included in the Information Technology Act, 2000. Also, the Act needed to be technology-neutral to provide for alternative technology of electronic signature for bringing harmonization with Model Law on Electronic Signatures adopted by United Nations Commission on International Trade Law (UNCITRAL)

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