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Archive: August, 2010

Posts in August, 2010

No rational basis to confine allowability of expenditure incurred on premium paid towards Keyman Insurance policy only in respect of life of an employee

August 20, 2010 1150 Views 0 comment Print

Keyman Insurance Policy for section 10(10D) is not confined to a policy taken by a person on life of an employee, but also extends to an insurance policy taken with respect to life of another who is connected in any manner whatsoever with business of subscriber.

Revenue cannot jurisdiction u/s 263 on issues considered and decided by CIT (Appeals)

August 20, 2010 1453 Views 0 comment Print

Where an order passed by the Assessing Officer is subject to an appeal that has been filed, the power of the Commissioner to invoke his revisional jurisdiction under section 263 can only extend to such matters which have not been considered and decided in the appeal.

Appellate authority cannot refuse to grant opportunity of hearing to petitioning assessee to defend order passed by original authority at instance of assessee

August 20, 2010 942 Views 0 comment Print

In all fairness, while hearing an appeal from the original authority, the CIT, the CBDT who is the appellate authority cannot deny the reasonable opportunity of hearing to the petitioning assessee at whose instance the impugned order came to be passed and which has become the subject-matter of appeal before the CBDT.

It is open to an assessee to exhaust remedies as provided for u/s 144C against transfer pricing order passed u/s 92CA(3)

August 20, 2010 1690 Views 0 comment Print

It is no doubt true that as per section 92CA of the Income-tax Act, when the assessee goes before the authority concerned on transfer pricing, an opportunity of personal hearing should be granted to the assessee. As far as the present case is concerned, the notice dated 25-8-2009 was sent by the Transfer Pricing Officer intimating the date of personal hearing on 4-9-2009, on which date the petitioner was to file its reply. Admittedly

Goods and Services Tax : FM agrees to demand for more time

August 20, 2010 924 Views 0 comment Print

The Centre and states were yet again unable to stitch a deal on the constitutional amendments, clouding prospects for rollout of India’s most ambitious indirect taxes reform — goods and services tax — next year. The Union finance minister Pranab Mukherjee, however, promised another draft to address concern raised by the states ruled by leading opposition party BJP and Tamil Nadu where Congress’ key ally DMK is in power.

Extension of ACP Programme to Export Houses / Trading Houses – Circular No.29/2010-Customs

August 20, 2010 616 Views 0 comment Print

Representations have been received in the Board from Trade and Industry Associations requesting to extend the benefit of ACP scheme to the category of status holders like Export Houses, Star Export Houses, Star Trading Houses etc. Requests have also been made to relax the criteria prescribed vide Board’s Circular No.42/2005-Customs dated 24.11.2005 regarding eligibility for grant of ACP status in cases booked in respect of Customs, Central Excise and Service Tax issues so that purely technical cases should not become a disqualification.

Government wants banks to implement system involving zero human interference in identification of NPA

August 20, 2010 1165 Views 0 comment Print

The finance ministry has asked government banks to shift to a system where non-performing assets (NPAs) are identified by technology. The aim is to avoid human interference. The ministry has told the government banks to put the system in place by March 2011.

Government Deputes Senior Officers to Oversee Preparations of Commonwealth Games

August 20, 2010 654 Views 0 comment Print

The Government has assigned duties to senior officers presently working in Delhi in various Ministries/Departments in relation to the Commonwealth Games. These Officers would be deputed on part-time basis to oversee the preparations at the major Commonwealth Games venues, to solve coordination problems and bring to the notice of Secretary, Department of Sports and Cabinet Secretary for any intervention that may be required.

Legal Action against Companies for Non-Redressal of Investor Grievances and Mechanism for Redressal of Investor Grievances

August 20, 2010 1041 Views 0 comment Print

The Ministry of Corporate Affairs has an Investor Grievances Management Cell (IGMC) at the Headquarters and nodal officers at all field offices of Regional Directors (RD) and Registrars of Companies (ROC) for redressal of investors’ grievances. The investors may take up their grievances with the concerned nodal officers.

IPL franchises not complied with Companies Act provisions

August 20, 2010 912 Views 0 comment Print

The Government has found that all the 10 Indian Premier League (IPL) franchises did not comply with specific provisions of the Companies Act. It has instructed Registrar of Companies to scrutinise the documents of these firms and initiate penal action, wherever required.

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