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Archive: March, 2010

Posts in March, 2010

Finding of fact does not call for interference in an appeal under section 260A – HC Bombay

March 14, 2010 3023 Views 0 comment Print

) Whether, on the facts and circumstances of the case and in law, the Hon’ble ITAT was justified in treating the income from sale of 7,59,003 shares for Rs. 5,00,12,879/­ as an income from short term capital gain and sale of 3,88,797 shares for rs . 6,65,02,340/­ as long term capital gain as against the

30 US banks already collapsed this year, more expected to collapse in coming weeks

March 14, 2010 276 Views 0 comment Print

The American banking sector continues to grapple with failures and on an average, ten banks are closing down every month. This year, 30 banks have already collapsed and the numbers are expected to rise in the coming weeks. A staggering 184 banks have folded up since the bankruptcy of the then Wall Street major Lehman Brothers in September 2008.

Entangled growth of oil companies investments

March 14, 2010 543 Views 0 comment Print

When oil prices went for an upward hike the whole of India took off the extra pay with a mixed reaction. Mixed reaction since 1) Indian citizens have become very much close to the Indian economic fiscal condition and 2) The increase in tax slab for the all class of citizen made them feel that they will have some more savings in their hands and more shopping spree for the families.

Allowability of deduction u/s 80IA on Interest earned by industrial undertaking on late payment received from customers

March 14, 2010 1384 Views 0 comment Print

Thus, according to the 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 as to the source Looking from” this angle, the interest becomes part of the higher sale price and is clearly

Taxability of capital gains in one of contracting states is not necessary to avail treaty benefits in other contracting state

March 14, 2010 682 Views 0 comment Print

By way of this appeal, the assessee appellant has called into question correctness of order dated 7th February 2006, passed by the learned CIT (A) for the assessment year 2000-091, holding that the assessee is liable to pay tax on short term capital gains on sale of shares.

CAE Flight Training Institute (CFTI) is Liable to Service Tax – Authority for Advance Ruling

March 14, 2010 1296 Views 0 comment Print

CFTI cannot be considered as an institute or establishment which is specifically excluded from the definition of “commercial coaching and training centre” under section 65(27) of the Finance Act, 1994; it also cannot be considered as a “vocational training institute” for the purpose of exemption from service tax under the category of “commercial training and coaching service” in terms of Notification No. 24/2004-ST, dated 10.9.2004.

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 1481 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 1296 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 718 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 11097 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

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