"05 July 2010" Archive

Right to subscribe the additional shares arises on the date when the company decides to come out with the right offer

Navin Jindal Vs. ACIT in Civil Appeal No. 634 of 2006 (Supreme Court of India)

The right to subscribe for additional offer of shares/ debentures on rights basis comes into existence when the company decides to come out with the rights offer. Prior to that, such right, though embedded in the original shareholding, remains inchoate. The same crystallizes only when the rights offer is announced bythe company....

An appeal can be filed against the order of the Assessing Officer giving effect to the Mutual Agreement Procedure (MAP) resolution

Cable News Network, Inc Vs Assistant Director of Income Tax (ITAT Delhi)

The ITAT answered the question in favour of the tax payer by holding that an appeal can be filed against the order of the AO giving effect to the MAP resolution. Further, ITAT held that the percentage of 10% be applied to net income after reducing the commission paid to the Indian agent....

Loss of a unit not eligible for any tax holiday cannot be set off against profits of the eligible unit for the purpose of computing deduction

Scientific Atlanta India Technology Pvt. Ltd. Vs The Assistant Commissioner of Income Tax (ITAT Chennai)

Loss of a unit not eligible for any tax holiday cannot be set off against profits of the eligible unit for the purpose of computing deduction...

Payment received on account of supply of software products to independent third party re-sellers in India not royalties but business income

M/s Dassault Systems K.K. (AAR Delhi)

The applicant is a company incorporated in Japan and is engaged in the business of providing „Products Lifecycle Management? software solutions, applications and services. These software products are standardized and not customized or tailor-made. It markets its products in India through a distribution channel of third party resellers c...

Section 50C not applicable in case the property held as business asset

Commissioner Of Income Tax Vs. Thiruvengadam Investments P. Limited. (Madras High Court)

It is not in dispute that the activity of the assessee is of property promoter. As the property in the hands of the assessee was treated as business asset and not as capital asset, there is no question of invoking the provisions of section 50C of the Act. Section 50C of the Act pertains to determining the full value of the capital asset. ...

Announcement for students appearing in November 2010 examination Final (Old) Course [Direct Taxes] and Final (New) Course [Direct Tax Laws]

For students appearing in November 2010 examination, the amendments made by the Finance (No.2) Act, 2009, as applicable for assessment year 2010-11, are relevant. Therefore, the amendments made by the Finance (No.2) Act, 2009 which are not applicable for A.Y.2010-11 would not be relevant for students appearing for November 2010 examinatio...

Posted Under: Income Tax | ,

Announcement for Certified Filing Centre under MCA 21 e-governance Programme

The Ministry of Corporate Affairs had introduced the MCA21 e-Governance programme with a view to improve the speed and certainty in delivery of MCA services in a transparent manner. This improvement is ensured primarily through the mechanism of secure electronic filing (e-filing) and easy online payment for all the services provided by th...

Posted Under: Income Tax | ,

Incentive for candidates filling the CA examination application forms (Nov 2010 Exams) thru Online mode

As an incentive for the candidates filling the Online CA examination application forms, the cost of application form of Rs. 100 will be waived off (which is used to be recovered from the candidates submitting the online application forms). ...

Posted Under: Income Tax | ,

Announcement for students appearing in November 2010 examination PCC/IPCC [Taxation]

For students appearing in November 2010 examination, the amendments made by the Finance (No.2) Act, 2009, as applicable for assessment year 2010-11 are relevant. Therefore, the amendments made by the Finance (No.2) Act, 2009 which are not applicable for A.Y.2010-11 would not be relevant for students appearing for November 2010 examination...

Posted Under: Income Tax | ,

Revalidation of Import Authorisation for Restricted Items (except SCOMET items)

Policy Circular No.36/2009-2014, 05/07/2010

Para 2.13.3 further provides that an application for revalidation (including for restricted items), may be made to Regional Authority (RA) concerned. RA would consider such application as per Government rules/notifications and where DGFT is concerned authority, original application shall be submitted to RA concerned and self-attested copy...

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