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Archive: January, 2011

Posts in January, 2011

As long as an AO has taken a possible view of a matter after applying his mind to facts of case and legal provision, view so taken cannot be subjected to revision proceedings under section 263 merely because the Commissioner has a different view of that matter

January 16, 2011 477 Views 0 comment Print

The true test, therefore, must lie in whether or not the view taken by the Assessing Officer could be said to be a possible view of the matter, upon due application of mind to facts of the case as also the applicable legal provisions.

Empanelment of CA firms with MMTC for Internal Audit assignment for FY 2011-12

January 16, 2011 931 Views 0 comment Print

The reputed CA firm should have been in existence for 10 years or more for MMTC offices located in ‘A’ class cities and 5 years or more for MMTC offices located in other cities. At least one partner should have an association of 5 years or more with

ICAI will probe only conducts of its member in R-Infra and RNRL Case

January 16, 2011 447 Views 0 comment Print

The Securities and Exchange Board of India (SEBI) has passed a consent order regarding the Reliance Infrastructure and RNRL investigation that showed misrepresentation of investments. In an exclusive interview with CNBC-TV18, Amarjit Chopra, Presiden

CBI arrests SBI Dy Manager for taking bribe

January 16, 2011 465 Views 0 comment Print

CBI officers on Saturday arrested Deputy Manager of State Bank of India Ajay Kumar Sinha when he was accepting a bribe of Rs 30,000. Sinha, posted in the Small and Medium Enterprises, Cash Credit Centre in the bank’s Patna Main Branch, was arrested

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

January 15, 2011 2202 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 1722 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 886 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 414 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 2713 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 986 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.

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