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Archive: October, 2009

Posts in October, 2009

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

October 22, 2009 1495 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 9157 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 1560 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.

Section 54F Exemption on Land Appurtenant to Building or Investment in Building Construction

October 22, 2009 2748 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 1185 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 1729 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 1686 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 1162 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.

ICAI reports on Satyam have nothing new apart from repeating charges made by the CBI

October 22, 2009 816 Views 0 comment Print

A report prepared by India’s apex accounting body that is investigating the role of the auditors in the fraud at Satyam Computer Services Ltd doesn’t shed any new light on the subject and, apart from repeating charges made by the Central Bureau of Investigation, India’s federal investigative agency, suggests generic measures to improve the audit process in companies.

SEBI guidelines for setting up stock exchanges exclusively for SME soon

October 22, 2009 1667 Views 0 comment Print

Market regulator Securities and Exchange Board of India (Sebi) would come up with guidelines for setting up stock exchanges exclusively for small and medium firms soon. “Sebi is working on it. The norms are being finalised and would be released soon,” Finance Ministry sources said.

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