In these appeals filed by the revenue, the only question raised is whether the assessees are entitled to deduction under Section 80HHC in the computation of book profit under Section 11 5JB of the Income Tax Act. Even though in respect of one assessee, the provision involved is Section 11 5JA, there is no need to consider the issue separately because applicability of Section 80HHC in the computation of book profit is one and the same both under Section 11 5JA and 11 5JB of the Act. CIT vs. Packworth Udyog (Kerala High Court – Full Bench)
“ On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in directing the A.O. to accept the claim of Short Term Capital Gain and Long Term Capital Gain on profit arriving from purchase & sale of shares instead of business income treated by the A.O. without appreciating the fact that the assessee is dealing in large volume of shares, most of the shares are bought and sold within short period, while some are not sold due to market conditions and their holding with assessee remains beyond few days, it will not change the nature of transactions and the assessee is very well engaged in the business of share trading, which denote that the motive of the assessee is to carry on business in shares to book profit rather than investment in shares.”
Padam Prakash (HUF) vs. ITO (ITAT Delhi Special Bench). If the application filed by the assessee is viewed in the light of aforementioned judicial pronouncements, then it will become clear that the relief which is being sought by the assessee by way of impugned rectification application is not legally tenable for the reason that the Tribunal has no power to adjudicate upon subsequent application filed u/s 254(2). Here, it may be the case of the assessee that earlier order against which impugned rectification application is filed is also an order passed on subsequent application, then the only course permissible to the assessee is to file an appeal against that order and not to approach the Tribunal to contend that the said order was an invalid order, therefore it should be recalled.
In view of the ensuing closing of Government Accounts for the financial year 2010-11, you may please reiterate the instructions to your branches regarding introduction of special messenger arrangements at your receiving branches (situated locally) from the second fortnight of March 2011. Receiving branches not situated locally should also adopt special arrangements such as courier service etc. from the second fortnight of March 2011 for passing on challans/scrolls etc. to the Nodal/Focal Point branches so that all payments and collections made on behalf of Government towards the end of March are accounted for in the same financial year. The branches may also be instructed to take all necessary steps to ensure that the arrears, if any, are cleared before March 15, 2011.
The government today said it may not be possible to roll out the Goods and Services Tax (GST) from April next year, as the proposal needs consent from all the states. “…the (GST) legislation cannot be voted upon until the ratification is completed…there may be problem on the time factor (April 1, 2012),” Revenue Secretary Sunil Mitra said at a CII post-Budget conference .
he Supreme Court last week reiterated that casual workers cannot claim regularization merely because they have been working for a considerable period of time. It said that the law consistently laid down by it was that casual employment terminates when the same is discontinued. “Merely because a temporary or casual worker has been engaged beyond the period of his employment, he would not be entitled to be absorbed in regular service or made permanent, if the original appointment was not in terms of the process envisaged by the relevant rules,” the judg-ment stated allowing the appeal of the central government in the case of casual workers who have been engaged with six-monthly breaks up to 30 years. The Supreme Court set aside the order of the Gauhati high court which was contrary to the precedents in the case, and allowed the appeal of the government in the case, Union of India vs Vartak Labour Union.
Considered to be price sensitive and cautious purchasers, Indians in tier-2 and tier-3 cities are nevertheless paying between Rs 5 and Rs 20 to send virtual kisses and hugs over their mobile phones, claims Singapore-based applications developer mig33. mig-33, which offers a social entertainment platform for mobile phones, claims to have registered 100 per cent growth in India last year and most of this growth came from tier-2 and tier-3 cities of the country.
The government today gave green signal to the Banking Laws Amendment Bill that seeks to align the voting rights in banks in proportion with the equity holding. Presently, the voting rights of a shareholder is limited to 1 per cent in state-owned banks and 10 per cent in private banks irrespective of the equity holding.
Describing the committed taxpayers as engines of economy, Finance Minister Pranab Mukherjee today exhorted the young IRS probationers to treat them as their clients and not as adversaries. The assessee is no longer considered an adversary, committed taxpayers are the engines of our economy and therefore important clients of Revenue Department, Mukherjee said, while addressing the Indian Revenue Services (IRS) probationers at Parliament House complex here.
Zeroing on the criminal conspiracy relating to 2G scam among corporates, CBI is preparing a list of all ineligible telecom companies which had got the licences in 2008. Besides, CBI is conducting a “microscopic examination” of a deal between Tata Group’s real estate and infrastructure development arm Tata Realty and Infrastructure and Unitech whereby the latter had received a loan, which the agency claims, have been diverted, official sources said.
