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Archive: 28 April 2011

Posts in 28 April 2011

US seeks changes in India’s DTH satellite policy

April 28, 2011 7146 Views 0 comment Print

The US has said it will “encourage” India to change its policies which give exclusive rights to the Indian Space Research Organisation (ISRO) for selling the satellite capacity to the lucrative direct—to—home television market. In a report, the US Trade Representative (USTR) raised concerns over India not allowing foreign operators to participate in direct selling of satellite capacity to direct—to—home (DTH) market.

Change in MVAT rate w.e.f 01/05/2011

April 28, 2011 7475 Views 0 comment Print

In exercise of the powers conferred by clause (c) of sub-section (2) of section 1 of the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2011 (Mah. XV of 2011), the Government of Maharashtra hereby appoints the 1st May 2011 to be the date on which the provisions of sections 3 to 15, 16(1), (2) and (4), 17, 18, 19(2) and (3) and sections 20 and 21 of the said Act shall come into force.

SC – Builder entitled to escalation cost for delay caused by Government

April 28, 2011 11778 Views 0 comment Print

J.G. Engineers Pvt. Ltd. Vs. Union of India & ANR. – The Supreme Court has set aside the judgment of the Gauhati high court and upheld the award of the arbitrator in the dispute over delay in the construction of the extension of the Guwahati airport terminal. The contracted period for completion of the project was 21 months, but it was extended twice. The contractor and the government blamed each other for the delay, and ultimately the government cancelled the contract. The dispute was referred to arbitration and the award was in favour of the construction firm. However, the high court set aside the award, leading to the appeal in the Supreme Court (J G Engineers Ltd vs Union of India). The court held that the contractor was entitled to extension of the period for completion of the work, as the delay was caused by the government. The firm was also entitled to escalation costs for the work done during the extended period. It cannot be imposed penalty for the delay. Moreover, since the delay was caused by the government, it cannot make counter-claims against the firm, the judgment said.

Depreciation at 100% can be claimed on the LP gas cylinders fitted to the chassis of transport vehicles

April 28, 2011 6893 Views 0 comment Print

CIT Vs M/s Anantha Gas Suppliers (Andhra Pradesh High Court) In the absence of any ambiguity, we have to take into consideration the plain language of the statutory provision and the obvious intention of the Legislature in using such a plain language. The Legislature merely said ‘gas cylinders including valves and regulators’, it has not spelt out any qualification as to the size of the gas cylinder so as to entitle to claim depreciation @ 100%. The decisive factor being the language employed in the statutory provision, we are unable to accede to the view that on account of the container which is in fact a cylinder being mounted on the chassis of the truck, the entire item has to be treated as transport vehicle for which the depreciation can be claimed at 40%.

ICAI Commences Registration for the Certificate Course on International Taxation – Hyderabad

April 28, 2011 7251 Views 0 comment Print

We are pleased to announce that the Committee on International Taxation of ICAI has decided to commence the next Batch of the Certificate Course on International Taxation in Hyderabad from Saturday 21st May, 2011.

ITR 3 & ITR 4 in Excel for A.Y. 2011-2012 / F.Y. 2010-11

April 28, 2011 47410 Views 0 comment Print

Download New Income Tax Return Form ITR-3 and ITR 4 in Excel Format for A.Y. 2011-12 / Financial Year 2010-11. ITR -3 :- This Return Form is to be used by an individual or an Hindu Undivided Family who is a partner in a firm and where income chargeable to income-tax under the head “Profits or gains of business or profession” does not include any income except the income by way of any interest, salary, bonus, commission or remuneration, by whatever name called, due to, or received by him from such firm. In case a partner in the firm does not have any income from the firm by way of interest, salary, etc. and has only exempt income by way of share in the profit of the firm, he shall use this form only and not Form ITR-2.

RBI advises -Do Not Pay Money to receive Large Funds from Abroad

April 28, 2011 8533 Views 5 comments Print

The Reserve Bank has today once again issued an advisory cautioning the members of public against responding in any manner to offers of moneys from abroad. It has stated that such offers are fraudulent and has advised the public to immediately register a complaint with the local police/ cyber crime authorities when they receive such offers or become a victim of any such fraud.

Despite concealment, no penalty u/s. 271(1)(c) if book profits assessed u/s. 115JB

April 28, 2011 10207 Views 0 comment Print

Recently ITAT Mumbai in the case of Ruchi Strips & Alloys Ltd vs. DCIT held that the concealment of income had its repercussions only when the assessment was done under the normal procedure. If the assessment as per the normal procedure was not acted upon and it was the deemed income assessed u/s 115JB which became the basis of assessment, the concealment had no role to play and was totally irrelevant. The concealment did not lead to tax evasion at all.

Disallowance u/s 14A of interest on borrowed funds was not permissible if investment in shares was made out of own funds

April 28, 2011 2777 Views 0 comment Print

The AO’s argument that the assessee could have utilized its surplus funds for repaying the borrowings instead of investing in shares and by not doing so, there was diversion of borrowed funds towards investment in shares to earn dividend income is not acceptable in view of CIT vs. Hero Cycles Ltd 323 ITR 518 (P&H) where Abhishek Industries was distinguished and it was held disallowance u/s 14A of interest on borrowed funds was not permissible if the investment in shares was made out of own funds.

New Income tax Return ITR 1 Sahaj and ITR 2 in Excel Format

April 28, 2011 44827 Views 9 comments Print

ITR-1 SAHAJ and ITR 2 in Excel Format for A.Y. 2011-12 / Financial Year 2010-11. ITR 1 Sahaj in Excel Format for A.Y 2011-12 Financial year 2010-11.ITR 1 Sahaj in Excel Format for A.Y 2011-12 Financial year 2010-11 (ZIP FILE). itr2 in Excel Format for A.Y 2011-12 Financial year 2010-11

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