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Archive: 16 January 2011

Posts in 16 January 2011

When assessee makes a provision of interest in its account, in account of creditor, provisions of section 194A would be applicable

January 16, 2011 429 Views 0 comment Print

The AO was of the opinion that when interest accrued on loan was credited in the creditor’s account, the assessee was supposed to deduct tax at source within the meaning of provisions contained in Section 194A of the Act. Since assessee failed to deduct tax at source from the amount of interest credited in the creditor’s account, the AO passed the order u/s 201(1) and 201(1A).

Holding period for purposes of computation of capital gain is relevant only in relation to shares held as investment

January 16, 2011 1289 Views 0 comment Print

Rs.1,75,57,916/- declared business profit of Rs.18,09,37,887/- in trading of shares and short term capital gain of Rs. 16,33,22,167/- from sale and purchase of shares. The AO during the assessment proceedings noted that in the preceding assessment year i.e. A.Y.2004-05, the assessee had not shown any capital gain from investment in shares. The a

Insurance – Updating policyholders about change in network hospitals and TPAs

January 16, 2011 732 Views 0 comment Print

CIRCULAR NO. IRDA/TPA/GDL/CIR/008/01/2011, DATED 12-1-2011 1. It has come to the notice of the Authority that in some instances policyholders could not get cashless facility at the hospital approached, due to change in the network hospitals and/ or the servicing TPA by the insurers, about which the policyholder was not properly informed. 2. Where the […]

ADAG – No ban by Sebi; settlement terms voluntary

January 16, 2011 237 Views 0 comment Print

Anil Ambani group today said Reliance Infra and RNRL settled the Sebi probe through voluntary terms proposed by them and the regulator did not impose any ban on the companies or their directors. “There is no bar or ban imposed by Sebi on the compa

Unless a sense of hierarchical discipline is observed, while implementing fiscal legislation, exercise of powers would be rendered arbitrary and subject to whim and caprice of Assessing Officers

January 16, 2011 282 Views 0 comment Print

In a case where the Assessing Officer has chosen to act in complete departure from a duly considered determination made by a superior officer, it is necessary for this Court to step in to ensure that the discipline of the hierarchy imposed by fiscal legislation is duly observed

Award by arbitrator is within ambit of transmission by operation of law

January 16, 2011 480 Views 0 comment Print

The entitlement to shares pursuant to an award made under the provisions of the Arbitration and Conciliation Act, 1996, is in consequence of lawful means other than by a transfer in accordance with the Articles of Association of the Company.

An unregistered private trust cannot open a Demat account in its name and in the name of Gods or Goddesses

January 16, 2011 6936 Views 0 comment Print

Demat account is essential a commercial activity done on a day to day basis and it is not expected that a private trust would bring the Gods and Goddesses in the matter of share trading business. In our view, the Respondent No. 2 has rightly rejected the prayer of the Petitioner holding that such account cannot be operated in view of the circular of the SEBI which is annexed at page 23 annexure “C”.

Raising a legal claim, even if it is ultimately found to be legally unacceptable, cannot amount to furnishing of inaccurate particulars of income.

January 16, 2011 447 Views 0 comment Print

The connotations of expression `particulars of income’ do not extend to the issues of interpretation of law and as such making a claim, which is found to be unacceptable in law, cannot be treated as furnishing of inaccurate particulars of income

When an assessee-company exploits its property to earn income in form of rent, rental income received by assessee is chargeable to tax under head "income from house property" and not under head "profits and gains of business"

January 16, 2011 405 Views 0 comment Print

Merely because the property was given on leave or licence for a specific purpose of running restaurant or it was given along with furniture, fixtures as well as other equipments required for running of restaurant, the same, could not change the character of rental income which is “income from house property” and the same would not become business income

Mere non acceptance of Assessees Legal Claim will not amount to furnishing of inaccurate particulars of income

January 16, 2011 799 Views 0 comment Print

We find that the A.O., CIT (A) as well as the Tribunal has only interpreted the provisions of sec. 80-IA(9) and Sec. 80HHC in a different way. As held by their Lordship, in the case of Reliance Petroproducts Ltd (supra) that merely because the assessee has made some legal claim which has not been accepted by the A.O. that will not amount to furnishing of inaccurate particulars of income of the assessee. In our opinion, there is no justification to support the A.O. for levy of the penalty on the claim of the assessee u/s 80HHC, which was not accepted. We, accordingly, delete the entire penalty by cancelling the penalty order passed by the A.O.

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