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Archive: 10 October 2010

Posts in 10 October 2010

Pune Trust Loses Charitable Status after Taking Donations

October 10, 2010 702 Views 0 comment Print

Shikshan Prasarak Mandali, the education institution which runs prominent colleges and school like S P College, Nutan Marathi Vidyalaya has been stripped off the charitable institute status. The 125 years old institute faced action from Income Tax Co

Department of Telecom appointed auditor of RCom seeks protection

October 10, 2010 501 Views 0 comment Print

Parakh and Co, Chartered Accounting firm appointed by the Department of Telecom to audit the books of Reliance Communications, has sought protection against ‘frivolous criminal complaint’ filed by the telecom company.

CA’s office in Anandnagar burgled

October 10, 2010 351 Views 0 comment Print

Defying the so-called police arrangement in view of the elections and Navratri, a chartered accountant’s office located in a ‘secured’ area was reportedly burgled sometime between Thursday late night and Friday early morning. The burglars made away w

Creation of NCLT and NCAT with power & jurisdiction of High Court not unconstitutional

October 10, 2010 4695 Views 0 comment Print

These appeals arise from the order dated 30.3.2004 of the Madras High Court in WP No. 2198/2003 filed by the President of Madras Bar Association (MBA for short) challenging the constitutional validity of Chapters 1B and 1C of the Companies Act, 1956(`Act’ for short) inserted by Companies (Second Amendment) Act 2002 (`Amendment Act’ for short

If the funds of the business are parked for safe keeping or with a view to earn interest income de-hors the business activity, the interest resulting there from cannot assume the character of business income but it would fall under the head "income from other sources"

October 10, 2010 723 Views 0 comment Print

The moot question that arises for our consideration in the present case is whether, on the facts of the present case, the interest earned by the assessee on fixed deposit is assessable as profit of the business of undertaking for the purpose of computing the deduction available to the undertaking under section 10A of the Act.

It is not any and every material, howsoever, vague and indefinite or distant, remote or far-fetched, which would warrant formation of belief relating to escapement of income of assessment

October 10, 2010 543 Views 0 comment Print

Section 147 authorizes and permits the Assessing Officer to assess or reassess income chargeable to tax if he has reason to believe that income for assessment year has escaped assessment. It is also well settled that words reason to believe used in section 147 of the Act are stronger than the words is satisfied.

Compensation from former employer for not carrying on business is not profits in lieu of salary

October 10, 2010 1359 Views 0 comment Print

The appellant/revenue has filed the above Tax Case Appeal against the order of the Income Tax Appellate Tribunal, ‘A’ Bench, Chennai, dated 27.04.2007 in ITA.No.1862/Mds/2004. 2. When the appeal came up for admission on 09.03.2010, this Court admitted the same on the following substantial questions of law:

Breach of contract would not constitute ingredients of a complaint under sections 397,398, 402 & 403 of Companies Act, 1956

October 10, 2010 2583 Views 0 comment Print

The Petitioners herein filed Company Petition No.69 of 2006 before the Additional Principal Bench of the Company Law Board at Chennai under Sections 397, 398, 402 and 403 of the Companies Act, 1956, alleging mismanagement and oppression by the majority shareholders of the first respondent Company. Various reliefs, including reconstitution of the Board

When Commissioner as Revisional Authority u/s.263 seeks to exercise his jurisdiction on matters which did not form subject of order of reassessment, period of limitation would begin to run from original order of assessment

October 10, 2010 381 Views 0 comment Print

The challenge in this proceeding is to a notice issued by the Commissioner of Income Tax-I, Nashik on 30 April, 2009 seeking to exercise the revisional jurisdiction under Section 263 of the Income Tax Act, 1961.

Assessment order which gives effect to a binding precedent cannot be regarded as being erroneous or prejudicial to interests of Revenue

October 10, 2010 648 Views 0 comment Print

The dispute in this case relates to assessment years 2004-2005 and 2005-2006. On 30 April 2001, the Authority for Advance Rulings (AAR) constituted under Section 245 of the Income Tax Act, 1961 held that the purchase and sale of shares by the petitioner was in the ordinary course of its business and the income which resulted from this

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