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Archive: 05 November 2009

Posts in 05 November 2009

Constitutional validity of provisions of section 245HA(1)(iv) r.w. section 245HA(3) of IT Act, 1961

November 5, 2009 919 Views 0 comment Print

As a consequence of the amendments introduced by the 2007 Act, an application which abates for no fault of the applicant would, under section 245HA(2) revert back to the IT Authorities as if no application had, in the first place, been made under section 245C to the Settlement Commission. As inserted by the 2007 Act, Section 245HA(3) of the Act further provides that where an application so reverts to the IT Authorities upon abatement,

Medico-legal reports cannot be refused under the RTI Act

November 5, 2009 1939 Views 0 comment Print

Medico-legal reports cannot be refused under the RTI Act, the CIC has held saying unlike normal medical cases, they are not prepared at the instance of the patient but are legal requirement.“Medico legal cases (MLCs) are indeed legal requirements in criminal cases and not prepared at the instance of the patient but to record injuries inflicted on a person, to be used by courts in criminal proceedings and hence are not held in fiduciary relation with the patient and that refusal of information under Section 8(1)(e) is unsustainable,” Information Commissioner Annapurna Dixit said.

Form for Intimating the ICAI about Engagements Accepted (after submission of Multipurpose Empanelment Application Form for the Year 2009-10

November 5, 2009 228 Views 0 comment Print

Association of the concern/any partner/proprietor with Public Sector Banks as Concurrent / internal / income and expenditure or revenue auditor/ stock auditor/ auditor of borrowers accounts etc. (other than as Statutory Bank Branch Auditors and Central Statutory Auditors).

PWC approached Delhi HC seeking quashing of proceedings against it, Clean Chit from ICAI

November 5, 2009 375 Views 0 comment Print

The Delhi-based franchise of audit firm PricewaterhouseCoopers today approached the Delhi High Court seeking quashing of proceedings initiated against it by the government in the aftermath of Satyam scam. It pleaded before the court that the government proceedings were illegal as they have no connection with the Bangalore-based franchise which had audited Satyam accounts.

Profession Tax Amnesty Scheme for defaulters in Maharashtra

November 5, 2009 5557 Views 0 comment Print

The Amnesty Scheme is open for the period from 1st August, 2009 to 31st March, 2010 and is called “Profession tax Enrollment Incentive scheme 2009”.

S.14A disallowance can be made with regard to partner’s share of profits

November 5, 2009 1206 Views 0 comment Print

The assessee, a partner in a firm, received ‘share of profit’ and ‘salary’ from the firm. While the ‘share of profit’ was exempt u/s 10(2A), the ‘salary’ was taxable as business income u/s 28 (v). The assessee claimed deduction for business expenditure incurred by him. The AO held that as the assessee had exempt income, s. 14A applied and a part of the expenditure had to be disallowed.

RBI Circular on Combating Financing of Terrorism – Unlawful Activities (Prevention) Act, 1967 – Obligation of banks

November 5, 2009 678 Views 0 comment Print

In paragraph 5 (b) of the above circular,it has been advised to RRBs that as and when lists of individuals and entities, approved by Security Council Committee established pursuant to various United Nations’ Security Council Resolutions (UNSCRs), are received from Government of India, the Reserve Bank circulates these to all banks and financial institutions.

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