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Archive: 14 March 2010

Posts in 14 March 2010

Determination of PE when Research of product produced by Non-Resident Company situated in USA is done by its branch office in India

March 14, 2010 1316 Views 0 comment Print

In this year, the assessee filed its return of income on 05.12.1997 declaring total income at Rs. NIL. The return of income was processed u/s. 143(1) of the Act. Thereafter, the AO issued notice on 11.01.2002 u/s. 148 of the Act by initiating proceedings u/s. 147 of the Act.

S. 263 Commissioner cannot revise a order when AO took a possible view

March 14, 2010 1131 Views 0 comment Print

CIT revised the order u/s 263 to include the sum of Rs.1,75,32,600/- in the total income of the assessee under Sec.41(1) of the Income Tax Act on the ground that there had been a complete cessation of liability in regard to this amount in the previous year relevant to the assessment year 1982-83 – ITAT confirmed the order – held that – when the Assessing Officer took a possible view

An Applicant cannot seek adjudication on merits at any time he wants, after having maintained steadfast silence throughout the earlier proceedings

March 14, 2010 517 Views 0 comment Print

On the facts and circumstances of this case, we do not think that the proceedings in connection with the earlier application shall now be reopened and a decisive answer to the question should be given at this stage.

Interest on late payment from customers against supply of goods is eligible for deduction u/s 80-IA

March 14, 2010 10521 Views 1 comment Print

Gujarat High Court, when interest is paid on delayed payment, it can be treated as higher sale price which is converse situation to offering of cash discount because the transaction remains the same and there is no distinction $s to the source. Looking from’ this angle, the interest becomes part of the hire sale price and is clearly derived from the sales made and is not divorced therefrom

Re-Assessment can not be initiated just because AO feels he failed to verify things properly during regular Assessment

March 14, 2010 535 Views 0 comment Print

We feel that the Writ Petition’, have to succeed because the contentions as raised on behalf of the counsel for the petitioner are well founded. The only reason which has been given seeking re-opening of the assessment for the years 1997-98 and 1998-99 is that suppression of sales have taken place on account of the fact that when average price of the closing st

Debtor not entitled to withhold payment of amount due under a decree on pretext that it has to be deducted as TDS

March 14, 2010 1054 Views 0 comment Print

Parties have settled the dispute. A query, however, is raised by the Counsel appearing on behalf of defendants regarding deduction of TDS on the interest component of the decree. Apprehension is expressed by the learned Counsel appearing on behalf of defendants that under the provisions of section 194A of the Income Tax Act, on the interest component which is payable

Six Cost Accounting standards Mandatory from 1st April 2010

March 14, 2010 783 Views 0 comment Print

Ten cost accounting standards have been formulated, six of them are mandatory, which will come into effect from April 1 and three more are likely to be added, according to Mr K. Narasimha Murthy, Director of IDBI and LIC Housing Finance.

New Companies Bill will equate CS with CEO and CFO of Company

March 14, 2010 705 Views 0 comment Print

The new Companies Bill to be adopted by Parliament would simplify the law and equate company secretary (CS) with the chief executive (CEO) and chief financial officer (CFO) of a company, said Vinayak S Khanvalkar, president, Institute of Company Secretaries of India (ICSI), here on Saturday. At least two out of the 10 secretarial standards specified by ICSI would find place in the new legislation, he added.

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