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Archive: 2010

Posts in 2010

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

Compensation including interest on cancellation of contract not taxable in absence of PE

October 10, 2010 1215 Views 0 comment Print

Compensation including interest on cancellation of contract not taxable in the absence of Permanent Establishment of the non-resident in India under India-UK tax treaty

Save Tax – Invest in Long Term Infrastructure Bonds (Section 80CCF)

October 10, 2010 2832 Views 0 comment Print

In the Union Budget 2010, Finance Minister, Pranab Mukherjee proposed a new section 80CCF under the Income Tax Act of 1961. From financial year 2010-11, section 80CCF would provide an additional tax deduction, over and above the existing 80C deductio

Save tax up to Rs. 6000- Invest in Long Term Infrastructure Bond

October 10, 2010 628 Views 0 comment Print

Infrastructure Development Finance Company (IDFC), an integrated infrastructure finance company, has launched infrastructure bonds, giving a tax deduction of up to Rs 20,000 under Section 80CCF. The tax deduction will be above Rs 1,00,000 under Secti

Centre unlikely to propose fresh constitutional amendments to facilitate the goods and services tax

October 10, 2010 736 Views 0 comment Print

The Centre is unlikely to propose a fresh set of constitutional amendments to facilitate the goods and services tax, or GST, having already bent backwards enough to accommodate concerns of the states.

India Norway agrees to exchange information on potential cases of tax evasion

October 10, 2010 543 Views 0 comment Print

India and Norway are all set to expand the scope of their double taxation avoidance agreement (DTAA) to facilitate greater information exchange on potential cases of tax evasion. After changes to the Indo-Swiss tax treaty this would be the second suc

NSDL releases new Return Preparation Utility (RPU version 2.2) for FY 2010-11

October 10, 2010 5405 Views 0 comment Print

NSDL has released new RPU 2.2 for e-TDS/TCS return preparation as well as correction statements. The key feature of new RPU 2.2 are as follows. Preparation of quarterly e-TDS/TCS statements (regular and correction) pertaining to FY 2010-11

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