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Archive: 28 November 2009

Posts in 28 November 2009

If condition laid down under Section 80IA(10) are not satisfied that Sub Section cannot be invoked and no disallowance of deduction can be made

November 28, 2009 1038 Views 0 comment Print

Assessing Officer has not made out any case for disallowing even a part of deduction allowable under Section 80IA. Once any condition laid down under Sub Section 10 of Section 80IA are not satisfied that Sub Section cannot be invoked and therefore no disallowance of deduction under that section can be made.

Assessee entitled to claim bad debt even if his money lending business subsequently discontinued

November 28, 2009 1243 Views 0 comment Print

Income Tax Appellate Tribunal was right in holding that the assessee was entitled to claim deduction for bad debts of Rs.38,20,417/- in respect of the money lending business which was closed down during the accounting year relevant to the assessment year in 1998-99, without following the ratio of the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Gemini Cashew Sales Corporation and contrary to the provisions of Section 36(2)(i) of the Income Tax Act. Merely because the money lending business was subsequently discontinued, that is in the subsequent accounting year relating to the relevant assessment year, it cannot be held that the assessee was disentitled to claim such a deduction though such claim as bad debt was, as a matter of fact, not in dispute.

DTC likely be tabled in Parliament only in Budget Session

November 28, 2009 721 Views 0 comment Print

With the mammoth task of garnering support on contentious issues like exempt exempt tax (EET) regime for savings and minimum alternative tax (MAT) still to be done, the Direct Tax Codes Bill, which will replace the archaic Income Tax Act, 1961, is not likely to be introduced in the ongoing Parliament session. According to official sources, the bill will be tabled in Parliament only in the Budget Session.

Government planning to discuss M&A clauses with Competition Commission of India (CCI)

November 28, 2009 931 Views 0 comment Print

After a lull, the contentious provisions regarding mergers and acquisitions (M&A’s) of the amended Competition Act is back on the discussion table of the Ministry of Corporate Affairs (MCA). The Ministry is planning to hold a meeting with the new anti-monopoly watchdog the Competition Commission of India (CCI) and the stakeholders in the first week of December to discuss the M&A clauses – Sections 5 and 6 – that are yet to be notified, official sources told to leading business newspaper.

Insurance Council opposed DTC proposal to tax withdrawal of insurance fund

November 28, 2009 732 Views 0 comment Print

SB Mathur, Secretary General of the Life Insurance Council, said either the proposal be changed to retain the present system of exempting a life insurance holder from tax at the time of withdrawal, or tax should be levied only on the real value of the withdrawn sum.

Proposal to pay salary to independent directors subject to attendance of 70% Board meetings

November 28, 2009 3243 Views 0 comment Print

The government is examining a proposal seeking to split the compensation package of independent directors into fixed and variable components to ensure they play an active role in the affairs of companies. The variable component will be linked to the attendance at the board meetings, an official with the minsitry of corporate affairs told to a leading newspaper.

ICWAI to drive adoption of cost accounting standards in SAARC region

November 28, 2009 967 Views 0 comment Print

Institute of Cost and Works Accounts of India (ICWAI), an apex body to regulate the profession of cost and management accountancy in India, in association with the other Cost and Management Accounting (CMA) bodies of the SAARC region, organized an international seminar on Role of Cost and Management Accountants in Regional Economic Development here. Mr. Salman Khurshid, Union Minister for Corporate Affairs (MCA), inaugurated the seminar.

Interest on funds borrowed for acquiring controlling stake in a company not allowable

November 28, 2009 601 Views 0 comment Print

Interest paid on funds borrowed for acquiring controlling stake in a company will not be exempt from tax. The Income Tax Appellate Tribunal (ITAT) has ruled that such expenditure for investing in shares of a company cannot be exempted, since it has not been incurred ‘wholly and exclusively’ for the purpose of earning dividend income.

Bankruptcy of the America is now certain

November 28, 2009 510 Views 0 comment Print

It’s one of those numbers that’s so unbelievable you have to actually think about it for a while… Within the next 12 months, the U.S. Treasury will have to refinance $2 trillion in short-term debt. And that’s not counting any additional deficit spending, which is estimated to be around $1.5 trillion. Put the two numbers together. Then ask yourself, how in the world can the Treasury borrow $3.5 trillion in only one year? That’s an amount equal to nearly 30% of our entire GDP. And we’re the world’s biggest economy. Where will the money come from?

SEBI relaxed norms for security, or the asset cover, required for issuing secured bonds

November 28, 2009 1855 Views 0 comment Print

Capital market regulator Securities and Exchange Board of India (Sebi) on Thursday eased norms for security, or the asset cover, required for issuing secured bonds. Sebi said that issuers will have to maintain a 100% asset cover that is sufficient to discharge the principal amount at all times for their debt securities offerings.

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