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Archive: 22 January 2010

Posts in 22 January 2010

Excise Duty Circular on Substantial Expansion by way of increase in installed capacity for the units availing area based exemption

January 22, 2010 2629 Views 0 comment Print

Area based exemption is available to the units in the specified areas in the North-East region, Jammu & Kashmir, Himachal Pradesh and Uttarakhand under different notifications. The exemption is applicable to the new industrial units set up after the specified date and also to the existing units which have undertaken substantial expansion by way of increase in installed capacity by not less than 25%.

Electronic Clearing System of the Income Tax Department hacked: Hacker Diverted around Rs 15 crore; CBI asked to investigate

January 22, 2010 1201 Views 0 comment Print

The Electronic Clearing System (ECS) of the Income Tax (I-T) Department has been hacked into, jeopardising the functioning of department across Mumbai. On Wednesday, three days after the incident, the I-T department handed over the investigation to the Central Bureau of Investigation (CBI).

Disallowance of expenditure u/s 40(a) in a case where assessee follows completed contract method

January 22, 2010 1150 Views 0 comment Print

On plain reading of above section, we find that certain expenditures are not allowable if the assessee failed to deduct tax or after deduction same was not paid in time. However, such expenditures are allowable Provided that where in respect of any such sum. Tax has been deducted in any subsequent year, or has been deducted

Registration U/s. 80G(5)(vi) cannot be denied to charitable trust even if it is running some activity that yields profit

January 22, 2010 3299 Views 0 comment Print

Does the purpose of a trust restrict spending the income of a profitable activity exclusively or primarily upon what is `charity’ in law? If the profits must necessarily feed a charitable purpose, under the terms of the trust, the mere fact that the activities of the trust yield profit will not alter the charitable character of trust

Commissioner is empowered to satisfy himself that the trust activates are genuine and in consonance with its objects before granting approval u/s 80G

January 22, 2010 1998 Views 0 comment Print

From the above facts, it is clear that Once the society during a period of almost 12 years has not carried out any activity, except purchasing land, to construct school/college building for imparting education, which was the main object of the society the activities of the trust for granting approval under section 80G cannot be called genuine and the CIT was fully justified in refusing to grant approval u/s 80G of the Income-tax Act. Hence, the order of Commissioner of Income-tax is upheld and consequently the remaining grounds of appeal taken by the appellant society stand rejected.

Advance Against Depreciation (AAD) is not a reserve so section 115JB not applicable

January 22, 2010 6627 Views 0 comment Print

For the aforestated reasons, we hold that AAD is a timing difference, it is not a reserve, it is not carried though profit and loss account and that it is “income received in advance” subject to adjustment in future and, therefore, clause (b) of Explanation- I to Section 115JB is not applicable. | Accordingly, the impugned ruling is set aside

MCA Press Release No. 2/2010 on Implementation of IFRS dated 22.01.2010

January 22, 2010 715 Views 0 comment Print

The Press Information Officer, Press Information Bureau, Ministry of Information and Broadcasting, with the request that the above mentioned Press Note may be given wide publicity.

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