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Archive: 2009

Posts in 2009

The assessee is entitled to take advantage of reassessment proceedings to re-raise issues that have not attained finality

January 31, 2009 6181 Views 1 comment Print

Where the AO reopened the assessment to rework the book profits u/s 115JA and in an appeal against such order the assessee raised other issues unconnected with the reassessment and the preliminary point arose as to whether in the light of the judgement of the Supreme Court in CIT vs. Sun Engineering 198 ITR 297, […]

Non-residents are not liable to pay interest u/s 234B and 234C for shortfall/deferment in advance-tax

January 31, 2009 6409 Views 0 comment Print

“Whether on the facts and in the circumstances of the case the Tribunal was right in law in upholding the assessee’s contention that when the assessee is not liable to pay advance tax, there is no question of charging interest under Section 234B of the Act by relying upon the decision in the case of Motorola Inc. rendered by Hon’ble Special Bench of ITAT, “A” Bench, Delhi, reported in (2005) 95 ITD 269.”

Even an Indian company can claim the benefits of non-discrimination under the DTAA

January 31, 2009 1657 Views 0 comment Print

Where the assessee was an Indian company and more than 51% of its equity share capital was held by a German company (Daimler Benz AG) and pursuant to an offshore merger the said shares came to be held by another German company (DaimlerChrysler AG) and there being a change of more than 51% of the beneficial interest in the shares, the question arose whether section 79 of the Act (pre- amendment)

Public Notice No. 140 (RE-2008)/2004-09, Dated: 30.01.2009

January 30, 2009 508 Views 0 comment Print

In exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy 2004-09, the Director General of Foreign Trade hereby notifies the following amendments/additions in Appendix 1 (List of Regional Authorities and their jurisdiction) in the Handbook of Procedures.

VAT Trade – 6T of 2009 – Filling of E-return for revised & fresh

January 30, 2009 1060 Views 0 comment Print

This circular cannot be made use of for legal interpretation of provisions of law as it is clarificatory in nature. If any member of the trade has any doubt, he may refer the matter to this office for further clarification.

Proof of travel not required for claiming LTA: SC

January 30, 2009 27631 Views 0 comment Print

It may be noted that the beneficiary of exemption under Section 10(5) is an individual employee. There is no circular of Central Board of Direct Taxes (CBDT) requiring the employer under Section 192 to collect and examine the supporting evidence to the Declaration to be submitted by an employee(s). For the above reasons there is no merit in the Civil Appeals and the same are dismissed with no order as to costs.

Notification No. 6/2009 – Service Tax, Dated: 30.01.2009

January 30, 2009 2181 Views 0 comment Print

Notification No. 6/2009 – Service Tax In exercise of the powers conferred by section 37A of the Central Excise Act, 1944 (1 of 1944) as made applicable to service tax by section 83 of the Finance Act, 1994 (32 of 1994), the Central Government hereby directs that the powers exercisable by the Central Board of Excise and Customs under the provisions of section 83

Investors not like companies whose promoter pledged shares

January 30, 2009 486 Views 0 comment Print

After the Satyam fiasco, investors seem to be paying more attention to whether promoters have pledged holdings a la Rajus, rather than concentrate on fundamentals.After Satyam announced that lenders had sold 2.45 crore shares pledged by the promoter, the market have shown a negative reaction to similar instances.Signalling their aversion at promoters being financially weak, […]

7 possible suitors for Satyam: Tarun Das

January 30, 2009 417 Views 0 comment Print

Scam-hit Satyam Computer has been approached by as many as seven possible suitors, including private equity players, even as the company’s investment bankers are trying to find the best match.

Impose provisional safeguard duty on imports of Phthalic anhydride

January 29, 2009 469 Views 0 comment Print

Nothing contained in this notification shall apply to imports of Phthalic anhydride from countries notified as developing countries under clause (a) of sub-section (6) of section 8B of the said Act, other than Pakistan, Indonesia and Thailand.

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