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Join our free webinar on July 7 at 5 PM for insights into 10 recent High Court income tax judgments favoring assessees. Expert analysis by CA Dipak Dama.
Appeal by revenue against the order of Tribunal setting aside penalties under Sections 76 and 78 of the Finance Act, 1994 – The Tribunal has recorded a finding of fact that the assessee did not have the requisite mens rea to evade payment of service tax
In exercise of the powers conferred by section 157 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby makes the following regulations further to amend the Courier Imports and Exports (Clearance) Regulations, 1998, namely :-
Notification No.70 / 2010-Customs (N.T.) the Commissioner of Customs (Export), New Customs House, Mumbai, for the purposes of adjudicating the matters relating to Show Cause Notice issued to M/s. Frost International Limited, 402, Kalpana Plaza, 24/147B, Birhana Road, Kanpur and others, vide F.No. DRI/GRU/INV-01/09-10.Pt.II dated 25th May, 2010 by the Additional Director General, Directorate of Revenue Intelligence, Ahmedabad Zonal Unit, Ahmedabad.
As per SEBI circular No. CIR/IMD/FII/9/2010 dated August 06, 2010, unutilised investment limits for Government debt & corporate debt were available for allocation to the FIIs/ sub-accounts in the open bidding platform. The bidding for these limits took place today on the NSE offered platform.
I am directed say that for effective administration and implementation of the SEZ Scheme, the Development Commissioners of the Central Government owned SEZs were declared as Zonal Development
SEBI vide circular No. SEBI/IMD/CIR No.12 /1 86868 /2009 dated December 11, 2009 has inter alia advised mutual funds to confirm whether all the investor related documents are maintained/ available with them. Further in case the investor related documentation was incomplete.
Hitherto, Indian corporates in the services sectors viz., hotels, hospitals and software were allowed to avail ECB upto USD 100 million per financial year under the automatic route for permissible end-uses. ECB beyond USD 100 million was arguably not permissible even under the approval route.
Interest Rate on EPF :- The rate of interest on Employees Provident Fund Accounts for the year 2010-11 is to be based on the income receivable on the corpus during the year and it is likely to be declared by the Central Board of Trustees, Employees’ Provident Fund [CBT(EPF)] in its next meeting scheduled to be held on 04.09.2010.
The Reserve Bank of India does not have any estimate of alleged illegal gold transactions going on in the country, according an RTI reply. The application addressed to the Finance Ministry was transferred to the Bankers’ Bank for a reply on the issue of illegal gold transactions, ‘hawala’ trade and blackmoney stashed away in banks abroad, but the RBI said it had no information on these issue.
While Explanation 2 to s. 147 deems income to have escaped assessment if excessive deduction is allowed, the reopening of an assessment u/s 147 has serious ramifications because the AO is empowered to reassess income even in respect of issues not set out in the notice. Therefore, if the power to rectify an order u/s 154(1) is adequate to meet a mistake or error in the order of assessment, the AO must take recourse to that power as opposed to the wider power to reopen the assessment. If the error can be rectified u/s 154, it would be arbitrary for the AO to reopen the entire assessment u/s 147. Further, the error in the order was not attributable to a fault or omission on the part of the assessee and the assessee cannot be penalized for a fault of the AO;
