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Archive: 01 February 2011

Posts in 01 February 2011

Trademark Plea- HC refuses relief to Hindustan Sanitaryware

February 1, 2011 618 Views 0 comment Print

The Delhi high court has dismissed a petition of Hindustan Sanitaryware & Industries seeking an injunction against Champion Ceramics in a trade mark case. The dispute was over the trade mark of Hindustan Sanitaryware, which has a giant share in the m

Date of Filing of Audit (e-704) for the period 01.04.2009 to 31.03.2010 is extended upto 15.02.2011.

February 1, 2011 441 Views 0 comment Print

Date of Filing of Audit (e-704) under Maharashtra Value Added Tax Act for the period 01.04.2009 to 31.03.2010 is extended upto 15.02.2011. No further extension and Strict action will be taken against Non filers and incomplete forms

Interest on fixed deposits effectively connected with PE is taxable as Business Income

February 1, 2011 1108 Views 0 comment Print

The Tribunal has once again reiterated the principle that interest on fixed deposits kept as margin with banks is effectively connected with the business and would be taxable as business income. Furthermore, the Tribunal held that the direct expenses

Transfer Pricing- Supernormal profit making companies should be excluded from the comparable set

February 1, 2011 879 Views 0 comment Print

Delhi bench of the Income-tax Appellate Tribunal (the Tribunal) in the case of Adobe Systems India Private Limited v. ACIT [201 1-TII-13-ITAT-DEL-TP] (Date of Judgement: 21 January 2011; Assessment Year: 2006-07)held that supernormal profit making co

Rejection of Accounting Method followed by Assessee which was accepted in Assessment of earlier Year

February 1, 2011 1270 Views 0 comment Print

Method of Accounting regularly followed by the taxpayer which was accepted by the Tax Officer in past cannot be rejected in future years without expressing the dissatisfaction about the correctness or completeness of the accounts of the taxpayer Rec

Delhi HC on Provisional attachment to protect revenue u/s. 281B in the case of VLS Finance Ltd & ORS. Versus The Assistant Commissioner of Income Tax

February 1, 2011 2122 Views 0 comment Print

“281B. Provisional attachment to protect revenue in certain cases. (1) Where, during the pendency of any proceeding for the assessment of any income or for the assessment or reassessment of any income which has escaped assessment, the Assessing Officer is of the opinion that for the purpose of protecting the interests of the revenue it is necessary so to do, he may, with the previous approval of the Chief Commissioner, Commissioner, Director General or Director , by order in writing, attach provisionally any property belonging to the assessee in the manner provided in the Second Schedule.

Whether HC can exercise its jurisdiction under Article 226 pertaining to sufficiency of reasons for formation of belief u/s 147 of the I-T Act 1961?

February 1, 2011 468 Views 0 comment Print

Sections 147, 148 – Constitution of India – Article 226 – Whether HC can exercise its jurisdiction under Article 226 pertaining to sufficiency of reasons for formation of the belief u/s 147 of the Income-tax Act. – Assessee’s appeal dismissed

Authorised Dealer not liable to deduct tax on remittance to non-resident of sale proceeds representing short term capita

February 1, 2011 928 Views 0 comment Print

The decision is relevant to authorised dealers making remittance to non-residents. Though the decision is rendered in the context of remittance to individual’s resident in the UAE, all non-resident Indians can benefit from the principle laid down in

Snapshot of status of India’s Social Security Agreement with other countries and underlying comparison/implications

February 1, 2011 1047 Views 0 comment Print

Indian employees posted to overseas countries continue to contribute towards the social security system in India. Additionally they are also compelled to make the social security contributions in the host countries. Further most of the foreign countries do not allow exportability of their social security benefits. Accordingly on completion of the term of contract, such Indian workers generally do not get any benefit from the social security contributions paid abroad.

Cabinet may relax private banks voting rights – report

February 1, 2011 321 Views 0 comment Print

India’s finance ministry is expected to seek cabinet approval to a proposal for giving proportionate voting rights to founders in private sector banks, the Financial Express said on Monday. Currently, the voting right of a single individual or entity

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