"26 January 2010" Archive

Income from even an isolated transaction of sale of land can be considered as business income of an assessee though not carrying on real estate business

Cherukuri Ramesh Vs ACIT (ITAT Visakhapatnam)

The process of purchase of land, conversion thereof and sale, compel us to come to the conclusion that the * purchase of land, in itself, was with an intention to sell at a profit in the form of an 'adventure in the nature of trade' and hence though it is an isolated' transaction the income thereon can still be considered as business inco...

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RBI likely to hike CRR , Repo Rate and Reverse Repo Rate

Ahead of the Reserve Bank's quarterly monetary policy, RBI is likely to signal interest rate hikes to suck out liquidity from the market and check prices from spiraling further. Reserve Bank may also raise the amount banks need to park with the apex bank (CRR) by up to 50 basis points. Reserve Bank could raise the short-term borrowing ...

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Posted Under: Income Tax | ,

Mauritius imposed stringent conditions on Mauritius-based companies investing in India

In a bid to allay the Indian government’s fears about round tripping, the Financial Services Commission of Mauritius has imposed a stringent set of conditions on Mauritius-based companies investing in India. THE Financial Sevices Commission of Mauritius has imposed a stringent set of conditions on Mauritius-based companies investing in ...

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Posted Under: Income Tax |

Companies Act may specify stringent rules for filing class action suits

To prevent misuse of class action suits, the new Companies Act may specify a minimum number of shareholders or creditors of companies for exercising the right to file such cases, the Corporate Affairs Minister, Mr Salman Khurshid, has said. This is a major change from the current position on class action suits as mentioned in the Companie...

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Posted Under: Income Tax |

ICAI not yet submitted its repot on PWC

The ministry of company affairs said that it was yet to receive a detailed report from the Institute of Chartered Accountants of India on the audit and accounting major PricewaterhouseCoopers, which was involved in an accounting goof-up in the Rs 10,000-crore (Rs 100-billion) Satyam scandal....

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Posted Under: Income Tax |

CBDT in a fix over the application of one safe harbour rate to all sectors

The Central Board of Direct Taxes (CBDT) is in a fix over the application of one safe harbour rate to all sectors. A committee, formed last month to frame safe harbour rules as announced in the 2009-10 Budget to minimise transfer pricing disputes, has estimated that there is a huge difference in the margins of companies which would come u...

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Posted Under: Income Tax |

Service tax refunds to exporters

In order to make exports of services from India internationally competitive, the Government of India has zero rated such exports. Consequently, the services exporting community is entitled to obtain refunds of input tax credits or utilise such credits to offset domestic output service taxes. The IT and the ITES industry is a key part of t...

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Posted Under: Income Tax |

CBDT to cross-verify all high value refunds this fiscal

Bank Accounts, Beneficiaries and Some Scamsters Involved in Income tax Refund Fraud in Mumbai Identified. The Central Board of Direct Taxes (CBDT) has stated that an officer in the Income Tax department, Mumbai noticed on or about 12th January, 2010 that refunds had been issued from his jurisdiction without his knowledge or approval of hi...

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Posted Under: Income Tax |

Reopening U/s. 147 not valid if there is no finding regarding failure to disclose material facts

M/s. Bhavesh Developers Vs. The Assessing Officer (Bombay High Court)

In AY 2002-2003, the assessee claimed deduction u/s 80-IB (10) of Rs. 3.85 crs which was allowed by the AO vide s. 143 (3) order. The assessment was reopened u/s 147 after the expiry of four years from the end of the assessment year on the ground that the claim for deduction u/s 80IB (10) included ineligible items of other income such ’...

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S.153A does not authorize de novo assessment. Non-pending assessments do not abate. Additions must be confined to search material.

Anil Kumar Bhatia Vs ACIT (ITAT Delhi)

S. 153A provides that where a search is initiated u/s 132 the AO shall “assess or reassess the total income of six assessment years immediately preceding the assessment year” relevant to the previous year in which the search is conducted or requisition is made. The 1st Proviso states that the AO shall “assess or reassess the total i...

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