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Archive: 2010

Posts in 2010

Pathetic Situation of Lawyers with the Filing System in Courts and In the Absence of Required Guidance?

August 20, 2010 1161 Views 0 comment Print

India is regarded as one of the fastest growing economies in the word and even the president of United States of America, Barrack Obama, frequently refers about the growth of nations like China and India. Many legal professionals have served this country starting from Mahatma Gandhi and the lawyers are better placed to serve the society or the country in view of their understanding of the system and enormous knowledge which they gain by nature of their job.

Applicability of Service Tax on Air Ticket

August 20, 2010 2534 Views 0 comment Print

Taxable service… means any service provided or to be provided to any passenger, by an aircraft operator, in relation to scheduled or non-scheduled air transport of such passenger embarking in India for domestic or international journey [Section 65(105)(zzzo)].

SEBI proposes to raise the IPO investment limit for retail investors from the current Rs 1 lakh to Rs 2 lakh

August 20, 2010 978 Views 0 comment Print

Retail investors will now get to subscribe more in initial public offers (IPOs). The Securities and Exchange Board of India (SEBI) has proposed to raise the investment limit for retail investors from the current Rs 1 lakh to Rs 2 lakh. The move is seen as an intermediate step before increasing the limit to Rs5 lakh and is expected to help companies obtain more retail subscriptions in IPOs.

Satyam Investigation may get hampered after bail to its former, Chairman, B. Ramalinga Raju

August 20, 2010 768 Views 0 comment Print

Chances of a speedy resolution to l’affaire Satyam receded on Wednesday with the Andhra Pradesh high court granting bail to the company’s founder and former chairman, B. Ramalinga Raju, freeing, albeit temporarily, the last of the accused in a corporate fraud that came to light in early 2009 with Raju’s confession and whose magnitude has since doubled to a claimed `14,000 crore.

All payments by way of deemed dividend taxable in the hands of the recipient of the dividend namely the shareholder

August 20, 2010 960 Views 0 comment Print

We may in concluding note that the basis on which the assessee is sought to be taxed in the present case in respect of the amount of Rs.32,00,000/­ is that there was a dividend under Section 2(22)(e) and no other basis has been suggested in the order of the Assessing Officer.

Even if it is assumed that the assessee was authorized to collect sales tax and retain with it, the same will be chargeable to tax as trading receipt

August 20, 2010 1408 Views 0 comment Print

Even if it is assumed that the assessee was authorized to collect sales tax and retain with it, the same will be chargeable to tax as trading receipt in view of decision of Supreme Court in the case of Sahney Steel and Press Works Ltd. v. CIT [228 ITR 253 (SC)].

States free to fix their own State GST rates

August 20, 2010 915 Views 0 comment Print

The Finance Minister, Mr Pranab Mukherjee, has told the State Finance Ministers that they are free to fix their own State GST rates, but hopes that they would not exercise this freedom after a consensus is reached in the GST Council. He, thus, has conceded a major demand of the States that the Union Finance Minister should not have the last word on the State GST rates.

ICAI opposition to change of name by ICWAI may delay amendment to LLP Act

August 20, 2010 4063 Views 0 comment Print

The ICAI has argued that the bulk of the management accounting work is done by the chartered accountants, so addition of the word ‘Management’ to the Institute of Cost and Works Accountants of India, or ICWAI, is misleading and should not be allowed.

No rational basis to confine allowability of expenditure incurred on premium paid towards Keyman Insurance policy only in respect of life of an employee

August 20, 2010 1150 Views 0 comment Print

Keyman Insurance Policy for section 10(10D) is not confined to a policy taken by a person on life of an employee, but also extends to an insurance policy taken with respect to life of another who is connected in any manner whatsoever with business of subscriber.

Revenue cannot jurisdiction u/s 263 on issues considered and decided by CIT (Appeals)

August 20, 2010 1453 Views 0 comment Print

Where an order passed by the Assessing Officer is subject to an appeal that has been filed, the power of the Commissioner to invoke his revisional jurisdiction under section 263 can only extend to such matters which have not been considered and decided in the appeal.

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