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Archive: 2010

Posts in 2010

Preferential Treatment to Services Relating to Preferential Location

December 25, 2010 1150 Views 0 comment Print

Statutory enactment is supposed to be drafted in a language which conveys the same meaning to all. This is for the reason that any term conveying varied meanings can lead to chaos as it can be interpreted in varieties of ways over a different period of time. Not only that, interpretation will differ from person to person as well.

Transfer of development rights comes within the purview of section 50C of the Income Tax Act, 1961

December 25, 2010 3359 Views 0 comment Print

It was held that transfer of development rights does amount to transfer of land or building and therefore s. 50C is applicable is applicable because u/s 2(47)(v) the giving of possession in part performance of a contract as pers. 53A of the Transfer of property Act is deemed to be a transfer.

ICAI- Decisions of the Council of the Institute regarding CPE activities

December 24, 2010 387 Views 0 comment Print

An online e-learning module would be developed and implemented by ICAI for the all the members shortly. Under the cited e-learning module, the members would be required to answer on-line such number of questions as may be decided by the Council. On s

Third Quarter Review of Monetary Policy 2010-11 on January 25, 2011

December 24, 2010 414 Views 0 comment Print

Dr. D. Subbarao, Governor, Reserve Bank of India will announce the Third Quarter Review of Monetary Policy 2010-11 on Tuesday, January 25, 2011. This will be done in a meeting with the chief executives of major scheduled commercial banks at 11.00 a.

RBI Releases Gist of Comments on the Discussion Paper on Entry of New Banks in the Private Sector

December 24, 2010 414 Views 0 comment Print

The Reserve Bank of India released on its website today, the gist of the comments on the Discussion Paper on “Entry of New Banks in the Private Sector”. The range of comments received has been very wide and does not indicate consensus on any of the

If Grant of loan is one for the purpose of purchase of capital asset which was also utilised for the same is only a capital receipt

December 24, 2010 975 Views 0 comment Print

The object of the transaction namely the loan transaction is towards the purchase of the capital asset as against the running of the regular business such a receipt would be a capital receipt. Therefore, by applying the said principle laid down by the Honourable Apex Court there is no doubt that the grant of loan being one for the purpose of purchase of capital asset which was also utilised for the same is only a capital receipt.

Receipt of order in one department not being communicated to another department in assessees office not a ground to condone delay

December 24, 2010 432 Views 0 comment Print

Service Tax – Condonation of delay in filing appeal – Submission of the learned Chartered Accountant that the appellant company had different division and departments situated in the same building at Bangalore and the receipt of the said order in one department was not communicated to the legal department to prefer an appeal, is an argument without merits. It is for the appellant company to arrange his business in a manner that he takes action exercising his legal right of appeal with due diligence.

Exempt income is liable to MAT

December 24, 2010 1597 Views 0 comment Print

Incomes exempt under the regular provisions of the ITA would be liable to tax under MAT if they are not expressly excluded under the Explanation providing permissible adjustments to be made in computing the book profit.

HC may impose costs but should decide issues on merit rather than dismissing Revenue’s appeal on mere ground of delay- SC

December 24, 2010 510 Views 0 comment Print

Supreme Court held that Looking to the amount of tax involved in this case, we are of the view that the High Court ought to have decided the matter on merits. In all such cases where there is delay on the part of the Department, we request the High Court to consider imposing costs but certainly it should examine the cases on merits and should not dispose of cases merely on the ground of delay, particularly when huge stakes are involved.

RRBs – Submission of Data to Credit Information Companies – Format of Data to be submitted by Credit Institutions

December 24, 2010 519 Views 0 comment Print

It is therefore, advised that RRBs which have become members of the above credit information company / companies may provide them the current data in the existing format. Such RRBs may also provide historical data in order to enable the new credit information companies to validate their software and develop a robust database.

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