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Archive: January, 2011

Posts in January, 2011

Notification No. 6/2011-Income Tax Dated 24/01/2011

January 24, 2011 523 Views 0 comment Print

It is hereby notified for. general information that the organization Arogyadham Global Aids Research Foundation, Muzaffarnagar has been approved by the Central Government for the purpose of clause (ii) of sub-section (1) of section 35 of the Income-tax Act, 1961 (said Act), read with Rules 5C and 5E of the income-tax Rules, 1962 said Rules), from Assessment Year 20111-12 and onwards in the category of ‘Other Institution’, partly engaged in research activities

Income Tax raids on Katrina Kaif and Priyanka Chopra

January 24, 2011 1330 Views 0 comment Print

Mumbai: TV channels have reported that Income Tax department have raided the premises of Bollywood divas Katrina Kaif and Priyanka Chopra. Raids began early morning at the official and residential premises of the two actresses. The reason for rai

Prosecution – validation of provisions of Chapter XXC – Compulsory purchase by central government – section 269UA – extension of lease period

January 24, 2011 1869 Views 0 comment Print

Appellants filed writ petition before the High Court for quashing the aforesaid order dated 24th April, 2001 of the appropriate authority rejecting their show cause and deciding to file criminal complaint. However, since the prosecution had already been launched against the appellants, the Division Bench of the High Court directed for treating the writ petition as an application under Section 482 of the Code of Criminal Procedure Code. Ultimately, the learned Single Judge by order dated 10th October, 2002 dismissed the same and while doing so observed as follows: “In the present case also, it is clearly stipulated in para 1 of the lease deed that the lease was extendable purely at the discretion and option of the Lessee on the second part for a further period of nine years. On a conjoint reading of paras 1 and 12 of the lease deed, it becomes clear that lessor intended the lease to last for 18 years. The lessor could not have refused to renew/extend the lease after first term if the lessee complied with the conditions for renewal/extensions. So in view of explanation to Section 269UA(f)(i) of the Act, the total terms of the lease will be 18 years no matter whether it is for a single term of 18 years or two terms of nine years each or three terms of six years each or six terms of three years each. Whether the subsequent terms are described as extensions or renewals is immaterial for the purpose of Section 269UA(f)(i). If the aggregate of the original term and stiupulated extension/renewal comes to more than 12 years, such a lease will fall under the purview of explanation to Section 269UA(f)(i) of the Act and it will be considered to be a lease for not less than 12 years thereby making the provisions of Chapter XXC of the Act application thereto.”

Gift in kind taxable only if received on or after 1-9-2004 under the provisions of Section 56(2)(v)

January 24, 2011 2146 Views 0 comment Print

Provisions of section 56(2)(v) applied only to gift on or after 1-9-2004. Prior to introduction of section 56(2)(vii) by the Finance Act, 2009 w.e.f. 1.10.2009, gifts in kind were outside the purview of section 56(2)(v) or (vi).

Once provisions of Municipalities Act are applicable to notified area then they gets covered by clause (ii) of section 10(20)

January 24, 2011 5132 Views 2 comments Print

Once provisions of Municipalities Act are applicable to notified area and they are treated as a separate class of self-governing institution then they have all the ingredients of a municipality and, therefore, they are covered by clause (ii) of section 10(20)

Surrender of Us-64 for conversion into UTI tax free bonds would not amount to transfer for purpose of section 45

January 24, 2011 8331 Views 0 comment Print

Transfer of an asset is a primary condition which must be satisfied before a receipt can be treated as capital gain and/or capital loss u/s 45. The transaction regarding surrender of US-64 units for converting the same into Unit Trust of India 6.75% tax free bonds in terms of the scheme of the Unit Trust of India would not amount to transfer for purpose of section 45.

Section 90 of the Income-tax Act, 1961 – Double Taxation Agreement – Agreement for Exchange of Information with respect to taxes with Bermuda

January 24, 2011 1110 Views 0 comment Print

Notification No. 5/2011 – Income Tax WHEREAS, an Agreement between the Government of the Republic of India and Bermuda as authorised by the Government of the United Kingdom of Great Britain and Northern Ireland for the Exchange of Information with respect to taxes was signed at New Delhi on the 7th day of October, 2010

Amounts receivable by a British company (EMEIA) from the applicant under the Area Services & Market Development Agreement not liable to be taxed under the I-T Act as fee for `included services’ or as business profits under Indo-UK Treaty

January 24, 2011 813 Views 0 comment Print

Dissemination of informations, furnishing guidelines and suggesting plans of action aimed at uniformity and seamless quality in business dealings of participating group entities do not per se amount to making available to them technical knowledge and experience possessed by EMEIA to a substantial extent; There is no transfer of technical know-how in that pro

The percentage of female and male candidates passed in PE-II, PCE and IPCE and list of toppers

January 23, 2011 2101 Views 0 comment Print

Chartered Accountants Professional Education Examination-II(PEE-II), Professional Competence Examination (PCE) & Integrated Professional Competence Examinations(IPCE) held in May-2010 The details of percentage of female candidates passed in the above said examinations are given below: EX

No substantial question of law would arise especially in a situation where a finding of fact is not demonstrated to be contrary to the evidence on the record

January 23, 2011 886 Views 0 comment Print

Where it has not been established before the Court that there has been any failure on the part of the Commissioner(Appeals) or the Tribunal to take into consideration relevant and germane circumstances; consequently, it would not be appropriate or proper for this Court to substitute its own conclusion of fact for a conclusion which has been arrived at by the Tribunal.

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