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Archive: January, 2010

Posts in January, 2010

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

January 22, 2010 1558 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 3665 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 2304 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 7725 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 1021 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.

Public Notice No. 36/2009-14, Dated: 21.01.2010

January 21, 2010 568 Views 0 comment Print

The sectors/product groups for which this relaxation is to be allowed shall be conveyed by the DGFT to all the RAs within seven months of the end of the previous financial year, and the RAs shall re-fix the annual average EO for previous year accordingly, for exporters in that sector/product group.

DGFT public notice on Amendments/corrections in SION C-23 and C-2046

January 21, 2010 1216 Views 0 comment Print

In the statement of Standard Input Output Norms (SION) as contained in the Handbook of Procedures (Vol.2), 2009-2014, as amended from time to time, amendments/corrections at appropriate places as mentioned in ANNEXURE “A” and ANNEXURE “B” to this Public Notice are made.

Custom duty order Appointing Common Adjudicting Authority in case of M/s Regular Exports, Ludhiana and others

January 21, 2010 1786 Views 0 comment Print

Board hereby assigns the Show Cause Notice F.No. 856(23)LDH/2006/Pt./02-27 dated 31.12.2009 issued by the Additional Director General, DRI, Delhi Zonal Unit, New Delhi in case of M/s Regular Exports, Ludhiana and others, to the Commissioner of Central Excise (Adjudication), referred to as Commissioner of Central Excise (Adjudication)-I, New Customs House, New Delhi, for adjudication.

RCOM asked ministry to reject special audit report and demanded action against its special auditor

January 21, 2010 990 Views 0 comment Print

Reliance Communications (RCOM), India’s second-largest telecom company by subscribers, has asked the communications ministry to reject the special audit on it by Parakh & Co and alleged that the report `was issued for malafide purpose, based on uncorroborated facts and done without any discussions with it (RCOM)’. The telco has also told the Department of Telecom (DoT) that `the entire report was drafted for the purpose on sensationalising irrelevant matters’.

Government considering increase in the income-tax exemption limit for individuals in next budget

January 21, 2010 1595 Views 0 comment Print

The government is exploring an increase in the income-tax exemption limit for individuals to compensate for the high recent inflation, but revenue considerations and the fact that the limit was hiked sharply in 2008-09 could force it to maintain status quo or give just a token hike. The proposal has figured in the preliminary discussions , as the policymakers debate ways to give some relief to households from high inflation.

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