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Archive: 10 January 2010

Posts in 10 January 2010

A declarant under KVSS, 1998 cannot take a different stand after adjustment in record has been made as per instruction of declarant

January 10, 2010 637 Views 0 comment Print

In Y. Venugopala Reddy Vs. Commissioner of Income Tax and another, (2003) 263 ITR 30, the Karnataka High Court interpreted the words ‘notwithstanding’ used in Section 88 of KVSS and has held that a matter which has already been settled cannot be reopened under the scheme and the benefit under the scheme should not be extended to an assessee even with regard to the admitted income.

Words "any other law for the time being in force" in section 100A of CPC shall also cover appeal u/s 483 of Companies Act

January 10, 2010 4536 Views 0 comment Print

The Section indicates that where any appeal from an original or appellate decree or order is heard and decided by the learned Single Judge of the High Court no further appeal shall lie notwithstanding the above three situations mentioned.

Production of certified copy of instrument of partnership is mandatory for claiming assessment in status of a firm for any assessment year commencing from 1993-94

January 10, 2010 505 Views 0 comment Print

The consequence of non-production of certified copy will naturally lead to dis allowance of claims of deduction toward? payment of interest, remuneration, bonus etc. paid to partner by the firm by virtue of Section 185 of the Act. We, therefore, hold that the production of certified copy of instrument of partnership is mandatory for claiming assessment in the status of a – firm for any -assessment year commencing from 1993-94 on wards irrespective of whether such assesses was assessed as a registered firm up to 1993-94. In principle, we therefore, uphold the findings of the Tribunal.

Whether ‘contract carriage’ manufactured according to specifications is ‘tourist vehicle’ and whether services provided by the assessee under ‘contract carriage’ makes the assessee a ‘Tour Operator’

January 10, 2010 499 Views 0 comment Print

In this matter, the issue which arises for determination is whether contract carriage manufactured according to specifications is tourist vehicle and whether services provided by the assessee under Contract carriage makes assessee a tour operator under Section 65(115) of the Finance Act, 1994. In our view, this question is important. It has wide implication on the revenues. We find from the impugned judgment that there is no discussion on this point.

Even introduction of stock-in-trade as capital contribution into firm attracts S.45(3)

January 10, 2010 9256 Views 0 comment Print

The assessee was engaged in the business of real estate development. It held land as stock in trade with a book value of Rs. 4.4 crs. The said land was introduced at its market value of Rs. 11.50 crs as capital contribution into a new firm. The surplus of Rs. 6.01 crore was credited to the profit and loss account. Relying on Hind Construction 83 ITR 211 (SC), it was claimed that the surplus of Rs. 6.01 crs was not liable to tax as the introduction of an asset into a partnership was not a sale.

New Decade of Mahindra and Mahindra

January 10, 2010 429 Views 0 comment Print

When Satyam collapsed and the buzz in the word was that this will be another winding up of the company as the situation demand. Moreover no one was there to remove the stains of corporate default and the broken corporate governance. The world economy was merged in to the problems of recession and India was struggling to make a come out from the cold breeze of cash crunch.

China's financial reform in 2010

January 10, 2010 408 Views 0 comment Print

When the Obama administration is launching a broad push for action on financial regulatory reform China is making a big leap towards changing its financial structure of its economy. They have planned to bring new reforms which will crown their financial market to new heights.

Mandatory application of Cost Accounting Standards, w.e.f. 1st April 2010

January 10, 2010 2303 Views 0 comment Print

The Council of the ICWAI at its 251st Meeting held on 12-13 February 2009 and 258th Meeting held on 14th December 2009 decided as below: Mandatory application of Cost Accounting Standards “RESOLVED THAT the following Cost Accounting Standards shall be mandatory with effect from period commencing on or after 1st April 2010 for being applied for the preparation and certification of General Purpose Cost Accounting Statements.

Finance Minister directed Income Tax Department to achieve revised direct tax target

January 10, 2010 519 Views 0 comment Print

Finance Minister, Shri Pranab Mukherjee has directed the Income Tax Department to make all efforts to achieve the revised direct tax target of Rs.4 lakh crores. Addressing the All India Conference on Tax Deduction at Source (TDS) here today, Shri Mukherjee congratulated the department on reaching tax collection figure of Rs.2.50 lakh crore by December 2009 showing a growth rate of around 8.5%.

What ailed the key underperformers of 2009?

January 10, 2010 486 Views 0 comment Print

The rise in the stock markets post March 2009 is probably the sharpest we have seen in over a decade or so. The BSE-Sensex has risen by around 81% during the year. However, there were a few stocks that missed out on this rally. In this article, we have highlighted the top five stocks that underperformed the benchmark index.

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