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Archive: 13 December 2010

Posts in 13 December 2010

Members of Professional Institutes arrested by law enforcing agencies for criminal offences- Directions of Govt

December 13, 2010 456 Views 0 comment Print

Members of the three professional Institutes discharge important economic functions and render services to the public. The confidence of the public in the integrity of the members is vital. Part IV of Schedule I of the Acts governing the three professional Institutes specifically provides, that a member shall be deemed to be guilty of mis-conduct if he ” brings disrepute to the profession or the institute as a result of his action whether or not related to his professional work”. Under this provision, it is not necessary that there should be professional mis-conduct; if by his action, a member brings disrepute to the Institute, it is a sufficient ground for proceeding.

Levy of interest us 234A, us 234B and us 234C – How much mandatory?

December 13, 2010 613 Views 0 comment Print

As a general rule, levy of penal interest us 234-A, us234-B and us 234-C for alleged delay in depositing taxes has held to be mandatory by the Supreme Court in the case of CIT vs. Anjum M.H. Ghaswala [2001] 252 ITR 1 {SC}. Unless there is no expre

Penalty U/S 271(1)(c) Not Leviable Without Statutory Provision: Delhi HC

December 13, 2010 365 Views 0 comment Print

Delhi High Court rules on penalty under Sec 271(1)(c) in CIT Vs Nalwa Sons. Case involves tax assessment, book profits, and disallowed deductions. Read more.

Accrual of income must be factual and not merely contractual

December 13, 2010 1356 Views 0 comment Print

ITAT was right in law and on merits by deleting the additions of income made as interest earned/acquired on the loan advanced to M/s Shaw Wallace by considering the interest as doubtful and unrealizable.

S.192 TDS on Salary Provisions for A.Y. 2011-12

December 13, 2010 28698 Views 0 comment Print

CIRCULAR NO 08/2010,Dated: December 13, 2010. Income-Tax Deduction from Salaries during the Financial Year 2010-2011 under Section 192 of the Income-Tax Act, 1961. The present Circular contains the rates of deduction of income-tax from the payment of income chargeable under the head Salaries during the financial year 2010-2011 and explains certain related provisions of the Income-tax Act. The relevant Acts, Rules, Forms and Notifications are available at the website of the Income Tax Department

Mere Short period of holding shares does not imply that intention was only to trade in security

December 13, 2010 862 Views 0 comment Print

Primarily, the intention with which an assessee starts his activity is the most important factor. If shares are purchased from own funds, with a view to keep the funds in equity shares to earn considerable return on account of enhancement in the value of share over a period then merely because the assessee liquidates its investment within six months

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