Follow Us:

Archive: 2010

Posts in 2010

Reopening U/s. 147 not valid if there is no finding regarding failure to disclose material facts

January 26, 2010 1117 Views 0 comment Print

In AY 2002-2003, the assessee claimed deduction u/s 80-IB (10) of Rs. 3.85 crs which was allowed by the AO vide s. 143 (3) order. The assessment was reopened u/s 147 after the expiry of four years from the end of the assessment year on the ground that the claim for deduction u/s 80IB (10) included ineligible items of other income such ’society deposit’,

S.153A does not authorize de novo assessment. Non-pending assessments do not abate. Additions must be confined to search material.

January 26, 2010 928 Views 0 comment Print

S. 153A provides that where a search is initiated u/s 132 the AO shall assess or reassess the total income of six assessment years immediately preceding the assessment year relevant to the previous year in which the search is conducted or requisition is made. The 1st Proviso states that the AO shall “assess or reassess the total income

E-Filing of income Tax returns needs a close review

January 26, 2010 1288 Views 0 comment Print

Despite the fact that CBDT has made commendable effort to devise suitable annexures for electronic filing, in practical parlance, the taxpayers usually face serious problems primarily because there is no space to give any further information which is considered relevant by an assessee to be filed along with the return.

Revenue Department wants excise duty, octroi, purchase tax, local, alcoholic beverages and petroleum products under the ambit of GST

January 26, 2010 1237 Views 0 comment Print

The Revenue Department has submitted its comments on the goods and services tax discussion paper, which was released by the State Finance Minister’s Committee on November 10. It wants excise duty, octroi, purchase tax, and local taxes to be brought under the GST ambit, along with alcoholic beverages and petroleum products. The department has agreed to levy GST plus excise duty on tobacco products.

Recent Tribunal rulings on transfer pricing issues in the case of Global Vantedge Pvt. Ltd and Quark Systems Pvt. Ltd.

January 26, 2010 2473 Views 0 comment Print

The Delhi Tribunal, in the case of Global Vantedge Pvt. Ltd. (Taxpayer) [2010-TIOL¬24-ITAT-DEL], has held that the total amount of adjustment made, along with the arms length price (ALP) already reported by the Taxpayer, cannot exceed the total amount of revenues earned by the Taxpayer and its associated enterprise (AE) from dealing with third party clients.

Income cannot be reassessed on a mere change of opinion

January 26, 2010 1341 Views 0 comment Print

In a recent ruling Supreme Court (SC) [2010-TIOL-06- SC-IT-L13] in the case of Kelvinator of India Ltd. (Taxpayer) held that income cannot be reassessed on a mere change of opinion, as that would imply conferring arbitrary powers on the Tax Authority. It is only when there is a tangible material to believe that income has escaped assessment

Roadmap for IFRS conversion in India

January 26, 2010 9473 Views 0 comment Print

On 22 January 2010, the Ministry of Corporate Affairs (MCA) issued a press release setting out the roadmap for International Financial Reporting Standards (IFRS) convergence in India. The roadmap requires IFRS to be made applicable in a phased manner. This is an historic step that will elevate Indian entities and their finance and accounting professionals to much greater heights. The publication of the roadmap was eagerly awaited by those who have been saying that the convergence to IFRS in India is a matter of when and how” and not “if.”

DBOD. AML.No.13039/14.06.060/2009-10- Dated: 25.01.2010

January 25, 2010 396 Views 0 comment Print

Please find enclosed a copy of the corrigendum received from Government of India (Ministry of External Affairs) as forwarded by the Chairman of UN Security Council’s 1267 Committee regarding a technical error in the Arabic script of one of names referred to in the note dated January 19, 2010 {Al-Qaida in the Arabian Peninsula ( AQAP) (QE.A.129.10)} for information and necessary action.

RBI circular on External Commercial Borrowings (ECB) Policy

January 25, 2010 955 Views 0 comment Print

As per the extant policy, eligible borrowers in the telecommunication sector are permitted to avail of ECB for the purpose of payment for spectrum allocation, under the automatic route. Keeping in view the large outlay of funds required to be paid directly to the Government within a limited period of time, it has been decided to make a one-time relaxation in the end-use conditions of the ECB policy.

Amendment for Export of Animal by product to EU in the Schedule 2 (Export Policy) of ITC(HS) Classifications of Export and Import items

January 25, 2010 783 Views 0 comment Print

In exercise of the powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) read with Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2009-2014, the Central Government hereby makes the following amendments in the Schedule 2 (Export Policy) of ITC(HS) Classifications of Export and Import items as amended, from time to time :

Search Post by Date
June 2026
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930