The Tribunal had to consider whether an assessee liable to pay Minimum Alternate Tax u/s 115JA was also liable to pay interest u/ss 234B & 234C for short-fall in payment of advance tax. The Judicial Member followed the judgement of the Bombay High Court in Snowcem India Ltd 313 ITR 170 and held that interest u/ss 234B and 234C could not be levied when book profits was computed u/s 115JA.
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(i) in regulation 1 6L, in sub-regulation (2), in the proviso, after the words for a period extending upto one year and before the words from the date of commencement of, the words and six months shall be inserted; (ii) in regulation 1 6P, after sub-regulation (2), the following sub-regulation shall be inserted, namely:- (3) A trading or clearing member of any other derivatives segment, who has been allowed to trade or clear in the currency derivatives segment, shall be liable for fees as provided in sub-regulation (1).
The principal notification No.21/2002-Customs, dated the 1st March, 2002, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 118(E), dated the 1st March, 2002 and was last amended by notification No. 118/2009-Customs, dated the 14th October, 2009 which was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.751(E), dated the 14th October, 2009.
(a) The subject goods had been exported to India from the subject countries below their normal value; (b) The domestic industry had suffered material injury; (c) The injury had been caused by the dumped imports from subject countries.and had recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported, from the subject countries;
Insofar as Appeal No. 64/2009 is concerned relating to the correctness or otherwise of the order of the Tribunal rejecting the rectification application on the ground of limitation, even assuming, that it is a question of law, there is no error in the finding on the question of law also and therefore there is no way of keeping this appeal pending on the board of this Court for further examination, the order of the Tribunal is fully in consonance of the law declared by the Supreme Court in Hongo India (P) Ltd’s case (supra) the appeal inevitably has to be dismissed and it is accordingly dismissed.
Notification No. 82/2009 – Income Tax In exercise of the powers conferred by the fourth proviso to sub-section (1) of section 132 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby empowers all the Additional Directors of Income-tax and Joint Directors of Income-tax working under the Director General of Income-tax (Investigation)
India today said it will renegotiate with all the 77 countries with which it has double tax avoidance treaties to track tax evasion following allegations of black money being stashed by many Indians in Swiss banks.
If the Value Added Tax (VAT) is considered to be a major improvement over the pre-existing Central excise duty at the national level and the sales tax system at the State level, then the Goods and Services Tax (GST) will be a further significant breakthrough – the next logical step – towards a comprehensive indirect tax reform in the country.
Kind attention is invited to the recent judgement of the Honourable High Court of Delhi in the matter of Home Solutions Retail India Ltd and Others Vs Union of India [2009] 20 STT 129 (Delhi) , wherein it is held (Para 36 of the order) that, “Section 65(105)(zzzz) does not in terms entail that the renting out of immovable property for use in the course of furtherance of business of commerce would by itself constitute a taxable service and be exigible to service tax….”
