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Archive: 15 January 2011

Posts in 15 January 2011

Webinar on Critical Issues in Faceless Assessments under Income Tax Act, 1961

February 14, 2025 3105 Views 0 comment Print

Join our webinar on Faceless Tax Assessments under the Income Tax Act, 1961. Learn concepts, challenges, and solutions from expert CA Hari Agarwal, FCA.

How to ascertain 'oppression' under section 397 of Companies Act, 1956?

January 15, 2011 1977 Views 0 comment Print

The study of various judgments of High Court and Supreme Court under section 397/398 of Companies Act, 1956 speak volumes about the complications in dealing with the cases of ‘oppression and mismanagement’ under section 397/398 of Companies Act, 1956. There were many judgments under section 397/398 explaining the powers of Company Law Board, meaning of ‘oppression’, powers under section 402, the powers of Company Law Board in passing orders under section 402 in order to regulate affairs of the company in future, the responsibility of the board to hear all the necessary parties to the proceeding, the issue of public interest, the issue of dead-lock, the issue of applying the principles of partnership in closely held private companies, the scope of section 399, the issue of granting ‘consent’ by members, the issues of maintainability and the procedure to be followed by the Company Law Board etc.

Refund rejected on the ground that original TR-6 challan not enclosed with claim, can be allowed on submission on the same

January 15, 2011 1410 Views 0 comment Print

The only ground on which the refund claim has been rejected is that the original copy of TR-6 challan was not produced. Since according to the appellant, the original copy is now available with them, the appellant are directed to produce the same before the original Adjudicating Authority. The impugned order is, therefore, set aside and the matter is remanded to the original Adjudicating Authority for reconsidering the refund application on merits after taking into account the original copy of the TR-6 challan produced by the appellant. The same can be accepted, if on verification, the department is satisfied about its authenticity.

ICWAI – President’s Message – January 2011

January 15, 2011 703 Views 0 comment Print

India is becoming a hot destination for the investment among the top countries in the world. This is evidenced by the recent visits of Heads of States of all the important economic powers in the international arena. Starting with UK, followed by USA,

Housing Price may decline in Mumbai and May go up slightly in Delhi – CRISIL

January 15, 2011 264 Views 0 comment Print

CRISIL Research expects divergent price trends during the year in Mumbai and NCR (National Capital Region), the two largest residential real estate markets in India. In 2011, prices of houses are likely to decline in Mumbai, whereas prices will rise

Punjab National Bank e-payment facility

January 15, 2011 2500 Views 0 comment Print

(TO BE PUBLISHED IN PART IV OF THE DELHI GAZETTE EXTRAORDINARY) GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI OFFICE OF THE COMMISSIONER OF VALUE ADDED TAX DEPARTMENT OF TRADE AND TAXES VYAPAR BHAWAN,  I.P. ESTATE, NEW DELHI-110 002 No.F.7(7)/Policy-III/VAT/2005-06/ 1878-89 Dated:  06-01-2011 NOTIFICATION No.F.7(7)/Policy-III/VAT/2005-06/ : In exercise of the powers conferred under sub-rule (5) of […]

No section 14A disallowance for personal tax-free investments if business expenditure not disallowed on ground of being for personal purposes

January 15, 2011 818 Views 0 comment Print

The assessee is maintaining separate books of account for the purpose of business. The tax-free investments are in his personal capacity. As the AO has not disallowed any expenditure of personal nature out of the business income, the expenditure claimed in the business of share dealings cannot be correlated to the incomes earned in personal capacity that too on dividend, PPF interest and tax free interest on RBI bonds. Accordingly, the estimation of expenditure of Rs. 20,000 out of business expenditure as being incurred for earning tax free income is not acceptable.

SC to proceed against Prashant Bhushan in contempt case

January 15, 2011 331 Views 0 comment Print

With advocate Prashant Bhushan — facing contempt of court charges for his interview alleging corruption in judiciary — making it clear that he would not tender an apology, the Supreme Court on Thursday decided to proceed with the case on merits.

Dispute Resolution Panel (DRP) Constitution w.e.f 12.01.2011

January 15, 2011 246 Views 0 comment Print

Vide Order No. 1/FT & TR 2011 dated 12.01.2011, the Central Board of Direct Taxes has constituted 12 (Twelve) Dispute Resolution Panels (DRP) to sit at various locations across the Country.

SEBI directs Reliance Infra to not to appoint Price Waterhouse for 3 yrs

January 15, 2011 264 Views 0 comment Print

Sebi directed Reliance Infrastructure not to appoint Price Waterhouse as its statutory auditor for three years. Sebi passed the order in response to a consent application filed by the company, after Sebi initiated investigations into R-Infra’s use of

Cause of Action to Appeal to DRT continues at various stages under SARFAESI Act, 2002?

January 15, 2011 2571 Views 0 comment Print

It is felt that enormous powers are conferred on Banks or Public Financial Institutions under SARFAESI Act, 2002 from the stage of determination of outstanding due, entertaining objections, taking possession of the property and selling the property through private treaty at times and in public auctions very often. The borrower too has got a right to question the illegality if any on the part of the Bank in proceeding against the ‘secured asset’ under the Act.

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