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Archive: 22 November 2010

Posts in 22 November 2010

Excise Duty Dispute- SC sets aside tax order favouring bajaj auto

November 22, 2010 258 Views 0 comment Print

The Supreme Court of India last Friday set aside an order passed by the tax tribunal CESTAT, which had given a favourable order to Bajaj Auto (BSE:532977) in a case of dispute over the under-payment of excise duty to the government.The court set asid

ITAT rules in favour of Mukesh Ambani in tax case involving income of over Rs 2,000 crore

November 22, 2010 514 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) has ruled in favour of Reliance Industries chairman Mukesh Ambani in a tax case involving income of over Rs2,000 crore. In a significant ruling, the Mumbai bench of ITAT has held that pledge of equity shares

SC upholds differential duty hours

November 22, 2010 336 Views 0 comment Print

The Supreme Court has held that differential treatment does not per se amount to violation of Article 14 (equality) of the Constitution. It violates Article 14 only when there is no conceivable reasonable basis and makes the working of the executive

Govt. Wins – Service tax on Renting Case – P&:H High Court Upholds Retrospective Validation from 01.6.2007

November 22, 2010 528 Views 0 comment Print

: It cannot be held that renting of property did not involve any service as service could only be in relation to property and not by renting of property. Renting of property for commercial purposes is certainly a service and has value for the service receiver. Even if it is held that transaction of transfer of right in immovable property did not involve value addition, the provision cannot be held to be void in absence of encroachment on List II.(Para 22) It is well settled that competent legislature can always clarify or validate a law retrospectively. It cannot be held to be harsh or arbitrary. Object of validating law is to rectify the defect in phraseology or lacuna and to effectuate and to carry out the object for which earlier law was enacted. (Para 23) we do not find any ground to set aside giving of retrospective effect to the amendment from

Reopening/revision of annual accounts after their adoption in AGM- ROC Circular

November 22, 2010 567 Views 0 comment Print

Your attention is drawn to the provisions of section 220 of the Companies Act, 1956 which provide for the manner in which annual accounts (viz balance sheet and profit and loss account etc) are laid before annual general meeting for adoption by shareholders and filed with Registrar.

Filing of ROC documents with delay on payment of additional fee

November 22, 2010 693 Views 0 comment Print

Section 611(2) of the Companies Act, 1956 permits filing of documents with delay, without prejudice to any other liability, on payment of additional fee not exceeding ten times of the statutory fees for filing documents. 2. Implementation of MCA-2

Change in additional fee to be levied for delays in filing forms with ROC

November 22, 2010 1988 Views 0 comment Print

In partial modification of the earlier Circular No.14/3/87-CL-V Vol.III dated 21.3.1995, the following table shall be applicable for additional fee to be levied for delays in filing Forms other than Form 5.

Mock Tribunal Turns in Live Tribunal

November 22, 2010 1403 Views 0 comment Print

The Vasai Branch of the Western India Regional Council of the Institute of the Chartered Accountants of India conducted a seminar on ITAT Proceedings & Mock Tribunal on 21 November 2010. The idea to hold such a seminar was the brainchild of the Secre

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