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Archive: 20 April 2011

Posts in 20 April 2011

Technical proprietary information and pre-qualification rights obtained by assessee cannot be treated as goodwill and assessee is entitled to depreciation on these two items of intangible assets

April 20, 2011 594 Views 0 comment Print

The above four appeals filed by the Revenue, for assessment years 2002-03 to 2005-06, are directed against the common order dated 27-5-2008 passed by the ld. CIT(A)-VIII, Chennai. In all these appeals almost identical issues are involved, therefore, for the sake of convenience and brevity, we are deciding them by a common order.

ITAT rejects RTI on ex-CJI's returns

April 20, 2011 639 Views 0 comment Print

An Income-Tax appellate authority here has upheld the order of Central Public Information Officer (CPIO) not to provide a copy of NHRC chairperson and former CJI K G Balakrishnan’s I-T returns to an RTI applicant. Disposing off an appeal by the RTI applicant, the authority said that to provide a copy of IT return to the appellant either he should be able to establish a “larger public interest” or there should be no objection from the former CJI.

2G Scam – Five corporate executives arrested and sent to Tihar Jail

April 20, 2011 871 Views 0 comment Print

Five corporate executives, named as accused by the Central Bureau of Investigation in the 2G scam, were today arrested and taken to Tihar Jail after a Delhi court rejected their bail pleas, saying the agency’s apprehensions that they may tamper with evidence and influence witnesses cannot be ruled out.

Notification No.32/2011- Central Excise; dated: 20.04.2011

April 20, 2011 544 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944),read with sub-section (3) of section 3 of the Additional Duties of Excise (Goods of Special Importance ) Act,1957 ( 58 of 1957), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance

Futures and Options are speculative transactions u/s 43(5). Section 43(5)(d) is not retrospective

April 20, 2011 14132 Views 0 comment Print

Exchange traded derivative transactions carried on by the assessee during AY 2003-04 are speculative transactions covered under Section 43(5) of the Act and the loss incurred in those transactions are liable to be treated as speculative loss and not business loss. We further hold that clause (d) inserted to the proviso to Section 43(5) with effect from 1/4/2006 is prospective in nature and the ITAT was in error in holding that clause (d) to the proviso to Section 43(5) applied retrospectively so as to apply to the transactions carried on by the assessee during AY 2003-04. CIT vs. Bharat R. Ruia (Bombay High Court)

Coins of 25 Paise and below – Withdrawal from Circulation – RBi Circular No. RPCD.CO.No RRB. 60 /03.05.33 /2010-11

April 20, 2011 775 Views 0 comment Print

The Government of India has decided to withdraw coins of denomination of 25 paise and below from circulation with effect from June 30, 2011. The Reserve Bank of India has instructed the banks maintaining small coin depots to arrange for exchange of coins of denomination of 25 paise and below for their face value at their branches. The coins will be exchanged at the branches of these banks as also the offices of the Reserve Bank till the close of business on June 29, 2011. Coins of denomination of 25 paise and below will not be accepted for exchange at the bank branches from July 1, 2011 onwards. The RRBs may take note of the above instructions.

Cenvat credit available on transportation charges incurred towards outward transportation of goods from factory gate

April 20, 2011 2841 Views 0 comment Print

The assessee is engaged in the manufacture of goods and availed Cenvat credit on Inputs/Capital goods/Input services under the provisions of Cenvat Credit Rules. During the course of audit it was found that the assessee had availed Cenvat credit of Rs. 5,45,460/- for the service tax paid by the assessee on the transportation charges incurred by them towards the outward transportation of goods cleared by them at their factory gate.

No service tax on visa facilitators – Circular No. 137/6/2011– ST

April 20, 2011 8607 Views 3 comments Print

Circular No. 137/6/ 2011– ST- Assistance provided by a visa facilitator, for obtaining visa, to a visa applicant or for foreign employer does not fall within the scope of supply of manpower service. Visa facilitators, while providing visa assistance directly to individuals does not act on behalf of the embassies, as agents of the principal and hence service tax is not leviable within the meaning of business auxiliary service. Also where the assistance is rendered to an individual directly, by a visa facilitator, and the visa applicant pays the service charge on his own (meaning such service charge is not borne by any business entity), the same cannot be considered as support service for business or commerce.

Extortion charges- Indian investment banker convicted

April 20, 2011 1280 Views 0 comment Print

An Indian investment banker has been convicted by a US federal jury on charges of extortion and threatening a New York state comptroller official to reveal an extramarital affair if a multi-million dollar pension contract was not awarded in his favour. Giridhar Sekhar, 41, of Brookline near here was convicted of one count of attempted extortion and five counts of interstate transmission of an extortionate threat, an FBI statement said.

Print Specifications for Income Tax Return Form SAHAJ and SUGAM

April 20, 2011 18147 Views 0 comment Print

Income Tax returns 2011 – Only Colour Forms; No Black and White – FOR the new Income Tax returns, No Black and White forms will be accepted and only standard forms with appropriate colors prescribed, fonts used, paper size, paper quality, Bar Code Values will be accepted by the department .

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