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Archive: 2010

Posts in 2010

AO cannot act u/s. 147 merely because he happened to change his opinion or to hold an opinion different from that of his predecessor on same set of facts

September 3, 2010 822 Views 0 comment Print

Where it was clear from the original assessment orders as well as order made by the appellate authority that the Assessing Officer was well aware about the primary facts, viz., the claim made by the assessee, the circumstances under which the claim was made, and the provisions of law which could be applied while granting the benefits, and the Assessing Officer consciously considered the facts and arrived at a decision, the assessment cannot be reopened merely because subsequently the Assessing Officer changes his opinion or some other officer takes a different view.

For the purpose of computing deduction u/s 10B, speculation business cannot be considered as business of undertaking

September 3, 2010 1179 Views 0 comment Print

We have heard both the parties. A forward contract is an agreement between a buyer and a seller obligating the seller to deliver a specified asset of specified quality and quantity to the buyer on a specified date at a specified place and the buyer in turn Is obligated to pay the seller a pre-negotiated price in exchange of the delivery. In the Instant case, the assessee is engaged in the business of manufacture and export of readymade garments. In respect of export of readymade ga

Penalty imposable under main provisions of section 271(1)(c) and there is no need to refer to any Explanations

September 3, 2010 729 Views 0 comment Print

The assessee has challenged the levy of penalty on three grounds. Firstly, the assessee has argued that the penalty proceedings have been initiated for concealing the particulars of income but the penalty has been imposed for furnishing inaccurate particulars of income and, therefore, penalty is legally invalid. Reliance has placed on several judgments of Hon’ble High Court of Gujarat, as mentioned in Para 4 earlier. We are unable to accept the arg

GST may miss April 2011 deadline

September 3, 2010 589 Views 0 comment Print

It is official now. The country may miss the April 1, 2011 deadline for adopting a dual goods and services tax (GST) system. The Finance Minister, Mr Pranab Mukherjee, has now conceded that it may not be possible to introduce GST from April 1 next year. The main bottleneck in achieving this major tax reform is the absence of consensus between the Centre and the States on the required Constitutional Amendment for introduction of GST.

Direct tax collections from Mumbai to be monitored: FM

September 3, 2010 Views 0 comment Print

Finance Minister Pranab Mukherjee asked on Wednesday commissioners of the income tax departmentand customs to focus on low growth in service tax, the high level of arrears and amounts locked in litigation and adjudication.

Merely because for purpose of stamp duty, property is valued at higher cost, it cannot be said that assesses has made more payment than what is stated in sale deed

September 3, 2010 1594 Views 0 comment Print

These seven appeals by different assessee are arising out of order of Commissioner of Income-tax (Appeals)-IV, Surat in appeal Nos. CAS-IV/100-106/ 2008-09 dated 12-10-2009. The assessments were framed by ACIT, Circle-7and ITO Ward-7(2) Surat vide their different orders dated 18-12-2008, 16-12-2008 &26-12-2008 respectively for the assessment year 2006-07.

Announcement Relating to Study Material for PCC and Final (Old) Students

September 3, 2010 1466 Views 0 comment Print

The PCC students are advised to follow the study materials for IPCC (along with practice manuals) for the following subjects, since in these subjects, the PCC syllabus is the same as that of IPCC –

Assessee not expected to demonstrate that contracts are not artificially split

September 3, 2010 1041 Views 0 comment Print

8. We find that there is no dispute about applicability of India Mauritius tax treaty on the facts of the present case, as also about the fundamental position that the provisions of the said treaty being beneficial to the assessee, the same will override the provisions of the Indian Income Tax Act. It is also not in dispute that the profits earned by the assessee from these contracts are business profits in nature and can only be brought to tax in India in the event of Mauritian company having been held to have a permanent establishment (PE) in India. The question that we must, therefore, address ourselves to

Extension of CFC-MCA21 Scheme

September 2, 2010 1381 Views 0 comment Print

Cost Accountants in practice who meet the eligibility criteria prescribed under CFC-MCA -21 Schemes launched by MCA for a period of 2 months w.e.f 01.07.2010 has been extended for a period of three months w.e.f. 01.09.2010

ICAI Presidents Message – September 2010

September 2, 2010 1144 Views 0 comment Print

According to the UN, a ‘discrimination between human beings on the ground of race, colour or ethnic origin is an offence to human dignity and shall be condemned…as a violation of the human rights and fundamental freedoms… as a fact capable of disturbing peace and security among peoples.’ Our own Constitution in its Article 15(2) defines: ‘No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, (or) restriction…’

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