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Archive: 2009

Posts in 2009

When assessee has retracted statement, an addition should be supported by enough material in possession of department

February 23, 2009 4195 Views 0 comment Print

11. I have carefully considered the rival contentions and gone through the impugned orders. The Hon’ble Supreme Court in the case of Pullangode Rubber Produce Co. Ltd. v. State of Kerala (1973) 91 ITR 18 (SC) has clearly held that an admission by the assessee is not conclusive evidence and it is always open to the assessee who made the submission to show that it is incorrect.

Treatment to be given to income from delivery based share transactions

February 23, 2009 1219 Views 0 comment Print

Gopal Purohit v. JCIT- The delivery based transaction should be treated as of the nature of investment transactions and profit there from should be treated as short-term capital gain or long term capital gain depending upon the period of holding; employment of an infrastructure so as to keep a track of the developments in the share market cannot turn an investment activity into a business activity.

Release of New Code of Ethics – ICAI

February 23, 2009 1132 Views 0 comment Print

The Council at its Meeting held on 18-20 December, 2008 approved the thoroughly revised 11th Edition of Code of Ethics 2009. The new Code of Ethics has been released on 4th February, 2009 by the Hon’ble Minister of Corporate Affairs, Govt. of India on the occasion of 59th Annual Function of the Institute. The New […]

Applicability of section 194D of IT Act in case of a reinsurance company paying commission to insurance companies

February 23, 2009 5727 Views 0 comment Print

32. In order to attract section 194D, the commission or any other payment covered under the section should be a remuneration or reward for soliciting or procuring the insurance business. The insurance companies do not procure business for the assessee company nor does the assessee company pay commission or other payment for soliciting the business from the insurance companies.

Condition precedent for raising presumption under section 132(4A) read with section 292C of IT Act against a person searched

February 23, 2009 6343 Views 0 comment Print

(iii) that the signature and every other part of such books of account and other documents which purport to be in the handwriting of any particular person or which may reasonably be assumed to have been signed by, or to be in the handwriting of, any particular person, are in that person’s handwriting, and in the case of a document stamped, executed or attested, that it was duly stamped and executed or attested

Taxability of fraudulent income earned under Income Tax

February 23, 2009 4992 Views 0 comment Print

The law considers income earned legally as well as tainted income alike. The burglar and the swindler are as much liable to tax as an honest businessman. A person lives by regularly receiving and reselling stolen goods for a profit. Is the profit made by him taxable as income? Another person takes to burglary on […]

Exchange Gain on Export of Goods & Service–Export Income (Sec-10B)

February 23, 2009 1442 Views 0 comment Print

10B (4) For the purposes of sub-section (1), the profits derived from export of articles or things or computer software shall be the amount which Bears to the profits of the business of the undertaking, the same proportion as the export turnover in respect of such articles or things or computer software bears to the total turnover of tljie business carried on by the undertaking.”

Tribunal has no power to review its own orders adjudicated on merits

February 23, 2009 2772 Views 0 comment Print

6.9 Right to review is a creature of statute as is right of appeal. The income-tax Act does not confer any power on the appellate authority, to review its own order. A review is not a substitute for an appeal, as held by the Rajasthan High Court in Jaipur Finance & Dairy Product (P) Ltd. v. CIT (1980) 18 CTR (Raj) 324; (1980) 125 ITR 404 (Raj). The Rajasthan High Court in CIT v. Globe Transport Corporation

Companies Can Sue Power Suppliers under Consumer Law: SC

February 23, 2009 1323 Views 0 comment Print

THE Supreme Court has ruled that companies engaged in commercial activities can drag their electricity supplier to a consumer forum and seek damages for deficiency in services. A bench of Justice Markandey Katju and Justice RM Lodha rejected a plea of Karnataka Power Transmission Corporation in which it had said a company using electricity for […]

SLUMDOG MILLIONAIRE BAG 8 OSCAR AWARDS & SMILE PINKY ALSO WON

February 23, 2009 696 Views 0 comment Print

Best Picture SLUMDOG MILLIONAIRE Actor in a Leading Role Sean Penn for Movie MILK Actress in a Leading Role Kate Winslet THE READER Directing SLUMDOG MILLIONAIRE Foreign Language Film Departures Music (Song) SLUMDOG MILLIONAIRE Music (Score) SLUMDOG MILLIONAIRE Film Editing SLUMDOG MILLIONAIRE Sound Mixing SLUMDOG MILLIONAIRE Sound Editing THE DARK KNIGHT Visual Effects THE CURIOUS […]

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