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Archive: May, 2011

Posts in May, 2011

The action of the Chief Commissioner to refuse to accept new units as a part of LTU and issuing show cause notice to them regarding transfer of Cenvat credit not tenable under LTU scheme

May 29, 2011 1096 Views 0 comment Print

The unit in question is situated at Nashik, Maharashtra within the jurisdiction of this Court. The said unit was initially administered by the LTU at Delhi and it is only as an afterthought the revenue is contending that the unit in question would not be governed by the LTU scheme for the period where there was no specific approval. If mere forwarding of the consent letter entitles the large tax payer to avail the benefits of the LTU scheme then the benefits of the LTU cannot be denied where the consent is impliedly given by submitting ER-1 returns regularly. The show cause noticed is issued by the LTU, Delhi to the petitioner’s unit at Nashik. Thus, in the facts of the present case, it cannot be said that this Court has no jurisdiction to entertain the Writ Petition filed by the petitioner to challenge the show cause notice issued by the LTU, Delhi to the unit of the petitioner set up at Nashik.

Message from Hon'ble Minister of Corporate Affairs, Shri Murli Deora

May 29, 2011 741 Views 0 comment Print

Consider the enormity of the data-over 8 and a half lac companies, over hundred online services offered to them, over sixty e-forms. hundreds of data fields and crores of pages of pdf attachments. If this speaks about something. it is the challenge before the Regulator, the Ministry of Corporate Affairs (MCA), which is humongous. While MCA is responsible for providing convenient and transparent registry and e-filing services to one set of stakeholders, which is the corporate and the professionals, it is also expected to protect the interest of millions of investors from every single instance of attempted fraud or financial irregularity by firms.

DEPB scheme may not get extension – Commerce Ministry

May 29, 2011 958 Views 0 comment Print

Commerce Ministry has asked exporters to ‘keep their fingers crossed’ on their demand for extension of the DEPB, a tax neutralisation scheme on exports, beyond June 30. With the Revenue Department making it clear that the window of the Duty Entitlement Pass Book (DEPB) would close from June end, the exporters are lobbying hard with both the Commerce and Finance ministries for continuation of the sops.

Govt relaxes eligibility criteria for appointment of CMDs for public sector banks

May 29, 2011 1619 Views 0 comment Print

Facing shortage of experienced hand, the government has relaxed the criteria for selection of Chairman and Managing Director (CMD) of public sector banks , a decision that would make several executive directors eligible for elevation as CMD. Under the new criteria, a bank executive director (ED) with a minimum experience of 6 months would also be eligible to become CMDs.

FDI in services come down by 22.5 pc to USD 3.4 bn in 2010-11

May 29, 2011 730 Views 0 comment Print

Foreign direct investment (FDI) in India”s services sector, which contribute over 50 per cent in the country”s economic growth, declined by 22.5 per cent to USD 3.4 billion in 2010-11, according to the industry ministry”s latest data. The services sector (financial and non-financial services) had attracted FDI worth USD 4.39 billion during 2009-10.

30 corporate executives get Rs 1 crore-plus salary per annum

May 29, 2011 2284 Views 0 comment Print

Mukesh Ambani has got company of at least 29 fellow corporate executives, including four from his own group Reliance Industries , in terms of annual salaries running into crores of rupees for the latest fiscal. These include JSW Energy’s Sajjan Jindal, Hindustan Construction’s Ajit Gulabchand, Raymond’s Gautam Hari Singhania, ICICI Bank’s Chanda Kochhar, Axis Bank’s Shikha Sharma, as also Infosys’ S Gopalakrishnan and S D Shibulal.

Sebi widens net for fake IPO bidding probe

May 29, 2011 549 Views 0 comment Print

Sebi has begun a probe into possible use of fake bids for artificially pushing up the subscription levels in numerous IPOs over past few years, with a modus-operandi similar to that in Vaswani Industries case. After halting Vaswani Industries’ listing earlier this month on suspicion of irregularities in its IPO bidding, the market watchdog last week ordered a detailed probe into the matter, which would be completed by the next month.

Message from Secretary, Ministry of Corporate Affairs, Shri D.K. Mittal

May 29, 2011 588 Views 0 comment Print

Technological advancements in recent decades have given us a digital platform for financial information. However, ‘digital’ does not mean ‘compatible’ because each software application generates the financial document in different format (pdf, xls, html, doc. etc), which unfortunately cannot be read directly by another software application. Such challenges have resulted in inconsistencies in the financial data as well as inordinate delay in discharging the regulatory roles of the Ministry.

New Career Opportunity with ICAI

May 29, 2011 1776 Views 0 comment Print

ICAI requires technically par excellence professionally successful, academically brilliant, and administratively capable human resources at various level for being part of the business transformation project at ICAI in its headquarters at Delhi/Noida. The ICAI is the apex accountancy body established by the Parliament for regulating the profession of Chartered Accountants in India. During its glorious existence of more than sixty-two years, ICAI has achieved recognition as a premier accountancy body not only in south asian region but globally as well.

Merely because of the fact that the assessee had asserted that it is a developer in the returns filed by him, it cannot be said that there is any failure on the part of the petitioner to disclose fully and truly all material facts

May 29, 2011 1349 Views 0 comment Print

Aayojan Developers vs ITO (Ahemdabad High Court) -Merely because of the fact that the assessee had asserted that it is a developer in the returns filed by him, it cannot be said that there is any failure on the part of the petitioner to disclose fully and truly all material facts. At best, the petitioner has made a claim along with supporting documents, namely, development agreements for construction of housing projects, etc. and based upon the said documents, the Assessing Officer had formed an opinion and granted deduction under section 80-IB(10) of the Act. As to whether in a given set of facts, the assessee is a developer or a works contractor is a matter of inference. Hence, the assertion that the petitioner is a developer, without anything more cannot be said to be an incorrect disclosure of facts, as is sought to be contended on behalf of the revenue. In the circumstances, in the absence of any failure on the part of the petitioner to disclose fully and truly all material facts necessary for its assessment for the assessment year under consideration, the assumption of jurisdiction under section 147 of the Act after the expiry of four years from the end of the relevant assessment year is illegal and invalid. The proceedings under section 147 of the Act which have been initiated by issuance of the impugned notice under section 148 of the Act, therefore, cannot be sustained.

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