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Archive: 2010

Posts in 2010

Rule 8D of the Income Tax Rules – Whether prospective or retrospective?

February 15, 2010 3136 Views 0 comment Print

Section 14A was introduced in the Income Tax Act, 1961 by the Finance Act 2001 with retrospective effect from 1st April 1962. The intent of introducing this section was reiteration of the well settled legal principle that when an assessee incurs any expenditure in relation to income which is not liable to tax under the Act, he would ideally not be allowed the benefit of claiming such expenditure. The need for introduction of this section had arisen to negate the decision of Supreme Court in Rajasthan State Warehousing Corporation vs. CIT [2000] ITR 450.

Section 14A of I.T.Act,: Certain critical issues

February 15, 2010 10848 Views 0 comment Print

As per well settled law and also according to canons of taxation only that expenditure which is relatable to taxable income should be deducted in computing the total income. Expenditure which has a bearing on exempt income should not be considered in the computation of total income as otherwise this would result in double advantage to the assessee.

Statutory auditor of bank should be appointed by RBI: ICAI President

February 15, 2010 756 Views 0 comment Print

Auditors in public sector banks (PSBs) must be appointed by the Reserve Bank of India (RBI) and the current practice of allowing bank managements to decide on such appointments must be done away with, the new President of the CA Institute, Mr Amarjit Chopra, has said.

Customs Notification No 11/2010 (NT), Amending Principal Notification No. 36/2001 – Customs (N.T.), dated, the 3-08-2001

February 15, 2010 433 Views 0 comment Print

Notification No. 11/2010 – Customs (N. T.),New Delhi, 15th February, 2010 – S. O… (E) – In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2001-Cus (N. T.), dated, the 3rd August 2001, namely: –

Expenditure incurred by the assessee on leased premises, cannot be treated as capital expenditure and has to be allowed as Revenue expenditure

February 14, 2010 1838 Views 0 comment Print

The finding of the Tribunal that 12.5% of net ad revenues is arms length price, was not challenged by the Revenue, we uphold the findings of the first appellate authority. Money received from a holding company with whom the assessee does not have any trading or business transaction cannot be considered as trading receipt.

Analysis of circular on refund of CENVAT credit under Rule 5 of CENVAT Credit Rules, 2004 and Problems faced by exporters

February 14, 2010 1399 Views 0 comment Print

Background of the Circular:- CENVAT Credit Rules, 2004 (‘CCR’) permit availment of credit of excise duty on inputs and service tax on input services used for manufacture of dutiable goods or providing output services. In order to zero-rate the exports, Rule 5 of CCR provides that such accumulated credit can be refunded to the exporter subject to conditions provided in Notification No. 5/2006-CE (NT) dated 14.03.2006 (‘subject notification’).

Summary of VAT notifications and circulars issued during the month of January 2010 in Delhi

February 14, 2010 729 Views 0 comment Print

Section 74A dealing with the powers of the Commissioner to revise Orders passed earlier was introduced with effect from November 16, 2005. Provisions of the Section have now been made effective retrospectively from April 1, 2005. Extension of time limit for disposal of disputes pending under the erstwhile Delhi Sales Tax Act.

Summary of VAT notifications and circulars issued during the month of January 2010 in Punjab

February 14, 2010 756 Views 0 comment Print

With effect from the quarter ending December 31, 2009, electronic submission of returns has been made mandatory for: * dealers claiming refund * dealers having transactions of inter-state sales and inter-state purchases, either presently or previously anytime under the VAT regime

A Quick Reference Guide For those investing in share market

February 14, 2010 708 Views 0 comment Print

Risk Revisited :-When you invested, you did so with certain expectations about the performance of the company, the prospects of income from and/or the capital growth of the securities that you now hold, the corporate benefits that may accrue to you etc. While making that investment decision, you should have, obviously, taken note of and duly evaluated the attendant risks that go with such expectations.

MMRDA may have to pay IT department Rs. 1,500 crore

February 14, 2010 630 Views 0 comment Print

Despite being partly a civic body responsible for developing essential infrastructural amenities, Mumbai Metropolitan Region Development Authority (MMRDA), because of its capital intensive deals for various projects, has come under the scanner of the Income Tax (I-T) department. Though the authority has sought exemption from income tax claiming it is a charitable body, it may have to pay the I-T department a whopping Rs 1,500 crore if the case does not go in its favour.

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