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Archive: 2009

Posts in 2009

The Government planning to establish regulator for 'insolvency professionals'

October 13, 2009 699 Views 0 comment Print

The Government is planning to establish a regulator for the growing tribe of insolvency professionals, who specialise in rehabilitation or winding up of sick companies. The Companies Bill, 2009 has given formal recognition to insolvency experts as professionals for the first time.  It was felt that there should be a regulator for insolvency professionals, they […]

Ca from Delhi commit suicide

October 13, 2009 1838 Views 0 comment Print

A 46-year-old senior official of Institute of Chartered Accountants of India (ICAI) allegedly committed suicide by jumping from his sixth floor residence in east Delhi this morning apparently due to depression, police said.

Non-reference by ITAT of cited judgements is not an apparent mistake : Madras HC

October 13, 2009 976 Views 0 comment Print

The assessee claimed deduction u/s 80-IB (10) which was rejected by the AO but allowed by the CIT (A). On appeal by the department, the Tribunal ruled against the assessee and held that it was not eligible for deduction. The assessee filed a MA u/s 254 (2) pointing out that it had cited a judgement of the Kolkota Bench of the Tribunal (which had been considered by the CIT (A)) and a judgement of the Kolkota High Court which had not been considered by the Tribunal when deciding the appeal and the same was a ‘mistake apparent from the record’.

Section 54 merely required purchase of new house within the specified period, source of funds for the purchase is irrelevant

October 13, 2009 507 Views 0 comment Print

S. 54 provides that if an assessee has LTCG on transfer of a residential house and he purchases or constructs a residential house within the specified period then the amount appropriated towards the new house shall be deducted from the LTCG.

Levy of Goods and Services Taxes from 1 April 2010: Preparedness of Taxable Persons

October 13, 2009 789 Views 0 comment Print

It is likely that the extant central and state levies of indirect taxes on the domestic production and sale of goods and on provision of services may be replaced by the levy of central and state Goods and Services Taxes from 1 April 2010.

Supreme Court on Applicability of ESI Act, if not reviewed, can create havoc

October 13, 2009 8836 Views 0 comment Print

It appears that the appellant had issued a notice under Section 45A of the Employees State Insurance Act, 1948 (hereinafter for short ‘the Act’) for making employer’s contribution towards the employee’s state insurance. The respondent No. 1 Board challenged that notice before the Employees State Insurance Court, Delhi. It appears that neither the workers concerned of the respondent No. 1 Board nor any one of them in representative capacity were made parties in the petition under Section 75 of the Act before the Employees State Insurance Court or before the High Court.

Clarification to enable procurement of spares beyond 5% by granite sector EOUs

October 12, 2009 481 Views 0 comment Print

Besides these capital goods, these units are also allowed certain specified quarrying equipments and spares up to 5% value of quarrying equipments in each year. These quarrying equipments and spares are allowed to be taken to quarry outside the unit. These quarrying equipments and spares are specified under Annexure V of Notification No. 52/2003-Cus and 22/2003-CE both dated 31.3.03.

Notification No. 78/2009 – Income Tax Dated 12/10/2009

October 12, 2009 565 Views 0 comment Print

Notification No. 78/2009 – Income Tax Whereas, an Agreement and the Protocol between the Government of Republic of India and the Government of the Grand Duchy of Luxembourg for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital was signed at New Delhi on the 2nd day of June, 2008;

RBi Circular on Payment of interest on Saving Bank Account on a Daily Product Basis

October 12, 2009 988 Views 0 comment Print

Please refer to paragraph 3 (iii) of our directive RPCD.No.RF.Dir. BC.53/D.1- 87/88 dated November 2, 1987, in terms of which interest in the case of savings deposits shall be calculated on the minimum balance to the credit of the deposit account during the period from the 10th to the last day of each calendar month.

CIT Vs Hybrid Rice International Pvt. Ltd. (Delhi HC)

October 10, 2009 678 Views 0 comment Print

ITAT was correct in law in allowing depreciation to the assessee on the actual cost of the germplasm seeds and the actual cost incurred by the assessee much before becoming an assessee can still be treated as an actual cost to the assessee when depreciation has to be claimed.

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