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Archive: 2010

Posts in 2010

An Applicant cannot seek adjudication on merits at any time he wants, after having maintained steadfast silence throughout the earlier proceedings

March 14, 2010 718 Views 0 comment Print

On the facts and circumstances of this case, we do not think that the proceedings in connection with the earlier application shall now be reopened and a decisive answer to the question should be given at this stage.

Interest on late payment from customers against supply of goods is eligible for deduction u/s 80-IA

March 14, 2010 11103 Views 1 comment Print

Gujarat High Court, when interest is paid on delayed payment, it can be treated as higher sale price which is converse situation to offering of cash discount because the transaction remains the same and there is no distinction $s to the source. Looking from’ this angle, the interest becomes part of the hire sale price and is clearly derived from the sales made and is not divorced therefrom

Re-Assessment can not be initiated just because AO feels he failed to verify things properly during regular Assessment

March 14, 2010 751 Views 0 comment Print

We feel that the Writ Petition’, have to succeed because the contentions as raised on behalf of the counsel for the petitioner are well founded. The only reason which has been given seeking re-opening of the assessment for the years 1997-98 and 1998-99 is that suppression of sales have taken place on account of the fact that when average price of the closing st

Debtor not entitled to withhold payment of amount due under a decree on pretext that it has to be deducted as TDS

March 14, 2010 1390 Views 0 comment Print

Parties have settled the dispute. A query, however, is raised by the Counsel appearing on behalf of defendants regarding deduction of TDS on the interest component of the decree. Apprehension is expressed by the learned Counsel appearing on behalf of defendants that under the provisions of section 194A of the Income Tax Act, on the interest component which is payable

Six Cost Accounting standards Mandatory from 1st April 2010

March 14, 2010 1131 Views 0 comment Print

Ten cost accounting standards have been formulated, six of them are mandatory, which will come into effect from April 1 and three more are likely to be added, according to Mr K. Narasimha Murthy, Director of IDBI and LIC Housing Finance.

New Companies Bill will equate CS with CEO and CFO of Company

March 14, 2010 966 Views 0 comment Print

The new Companies Bill to be adopted by Parliament would simplify the law and equate company secretary (CS) with the chief executive (CEO) and chief financial officer (CFO) of a company, said Vinayak S Khanvalkar, president, Institute of Company Secretaries of India (ICSI), here on Saturday. At least two out of the 10 secretarial standards specified by ICSI would find place in the new legislation, he added.

Extension of date for applying CST declarations for the periods prior to 1/04/2008

March 13, 2010 687 Views 0 comment Print

Background: Procedure for filing on-line application for the CST declarations had been introduced on 2nd February 2009. Facility of on-line application is available for all the periods starting froml-4-2008 onwards. Applications for the declarations, pertaining to the periods prior to 1-4-2008, were required to apply manually (on CD).

Learning to Live with EET- Decoding the DTC – V

March 13, 2010 783 Views 0 comment Print

For the tax-payer, “T” in the EET will never look like preferable to EEE. However, looking to the fact of EET as certainty, one will have to learn to live under it. The only alternative for the tax payer is to organize the affairs in such a way that there is no additional burden due to tax-outflow.

FAQ on Provisions relating to Capital Gain- Decoding the DTC – IV

March 13, 2010 1033 Views 0 comment Print

The ITA has always treated income from CG under special category. Not only liberal deductions / exemptions were provided, even the rate of tax was low as compared to the rate of tax on income from salary, business etc. Since long, CG has always been classified into two broad categories viz. Long Term (LT) and Short Term (ST)

Taxability of Amount Receivable under Life Insurance Policies in DTC- Decoding the DTC – III

March 13, 2010 14472 Views 0 comment Print

The case in point is the proposal under the Direct taxes Code (DTC) to levy tax on amount received under life insurance policy. It is vehemently argued that the Government is playing foul by changing the rule of the game in between. Having declared the said amount exempt so far, the policy cannot be changed overnight, making life difficult for numbers of tax payers.

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