Follow Us:

Archive: May, 2010

Posts in May, 2010

Tax benefit could not be denied to business restructuring in compliance of Income Tax Provisions

May 6, 2010 729 Views 0 comment Print

In a decision that will help corporates restructure businesses, the Chennai bench of Income-tax Appellate Tribunal (ITAT) has held that tax benefit could not be denied to business restructuring, if the exercise fulfills all the conditions mentioned under the Income-Tax Act.

Residential flat prices will go up by 4% on Service Tax and Vat

May 6, 2010 579 Views 0 comment Print

Prices of residential flats are likely to go up by 4% in a couple of months, notwithstanding the recent relaxation in the service tax. The latest Union Budget had imposed a 3% service tax on builders, while the state would impose VAT of 1% on a flat’s price.

Thane I-T Commissioner Aniruddh Rai applied for anticipatory bail in Rs 1.80 crore bribery case

May 6, 2010 2158 Views 0 comment Print

Additional I-T commissioner Sumitra Banerji and her husband Subrato, who were arrested in a Rs 1.80 crore bribery case registered by CBI three weeks ago, will spend some more time in jail, as their bail plea was rejected on Wednesday.

Person in control of Company is vicariously liable for an offence committed by a company under SEBI Act; he need not necessarily be a Director of that company

May 6, 2010 1107 Views 0 comment Print

This is a petition under Section 482 of the Code of Criminal Procedure, for quashing criminal complaint filed by the respondent against the petitioner under Sections 24(1) and 27 of the Securities and Exchange Board of India Act, 1992. Quash

Income earned by NRI from his employment in USA can not be taxed in India

May 6, 2010 1521 Views 0 comment Print

In the light of the foregoing, the question is answered in the negative. To elaborate, the applicant being a non-resident during the previous year 2008-09, the income earned by him from his employment in USA can not be taxed under Income-tax Act, 1961.

RoC expected to initiate legal proceeding against Subhiksha officials for Violation of Companies Act Provisions

May 6, 2010 1201 Views 0 comment Print

The corporate affairs ministry is tightening the noose around retail companies — a sector which has been left largely untracked due to the absence of a designated sectoral regulator.

Department has to analyse process of "duplication" of software undertaken by assessee to determine nature of royalty payment

May 6, 2010 660 Views 0 comment Print

These two civil appeals are filed by the Department against the order dated 2nd September, 2008, of the Gujarat High Court refusing to formulate, inter alia, the following question of law: “Whether the Income Tax Appellate Tribunal, in the facts and circumstances of this case, was right in confirming the order passed by the Commissioner of Income Tax (Appeals) deleting the additions made by the Assessing Officer on account of

Refund or CENVAT credit on input services allowed only if services are consumed in output service

May 6, 2010 3629 Views 0 comment Print

Recently in the case of Kbace Tech Pvt. Ltd. v. CCE/CST CESTAT ruled that the refund or CENVAT credit on input services is allowed only if the services are consumed in the output service. It is held that the Board’s Circular No. 120/01/2010-ST, dated 19-1-10 does not have the effect of amending the statute and cannot be seen as authorizing sanction of refund if the credit of service tax does not relate to services consumed for providing the output service.

For computing book profit Companies need to prepare their profit and loss account in accordance with Parts II and III of Schedule VI to Companies Act, 1956

May 6, 2010 1045 Views 0 comment Print

A short question which arises for determination in this civil appeal is – whether the Income Tax Appellate Tribunal was, on the facts and circumstances of this case, justified in upholding the order of the Commissioner of Income Tax (Appeals) directing the Assessing Officer to allow the claim of depreciation as per the Income Tax Rules, 1962, for the purposes of computing the book profit under Section 115J of the Income Tax Act, 1961? In this civil

If Income not disclosed then Assessee is liable for levy of concealment penalty u/s. 271(1)(c)

May 6, 2010 438 Views 0 comment Print

We have carefully considered the rival submissions in the light of the material placed before us. The reply of the assessee in response to show cause notice against levy of concealment penalty have already been reproduced in para 5 of this order. The relevant portion of statutory provisions regulating levy of concealment penalty are reproduced below for the sake of convenience: –

Search Post by Date
June 2026
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930