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Archive: 10 June 2011

Posts in 10 June 2011

12 Cases of Wrong E-Filing Detected -MCA Directs Inquiry against professionals

June 10, 2011 2034 Views 0 comment Print

The Ministry of Corporate Affairs has directed its Regional Directors to initiate inquiry against those practicing professionals who had certified 12 cases of wrong e-filing by certain listed companies in their e-forms. During the examination it was found that the data furnished in the e-forms were totally different as compared to the records of the company.

Share transactions declared by assessee cannot be doubted merely on ground that shares were of lesser known companies and their value cannot appreciate to the level claimed by the assessee

June 10, 2011 1217 Views 0 comment Print

CIT v Atma Ram Tulsyan and Others (Allahabad High Court) – AO was of the view that the possibility of appreciation in the price of shares of lesser known companies in such short period appears to be remote. On this premise, the benefit of capital gains was denied. Evidently, in the absence of any contrary material, it is but obvious that the assessment order was framed on presumptions and assumptions.

ITAT imposes costs for ‘recovery harassment’ on Assessing Officer

June 10, 2011 1915 Views 1 comment Print

Shramjivi Nagari Sahakari Pat Sanstha vs. ACIT (ITAT Pune)- The Hon’ble Bombay High Court in the case of KEC Interntional Ltd v/s. B.R. Balakrishnan (Supra) has been pleased to hold that generally coercive measures may not be adopted during the period provided by the Statute to go in appeal. In the present case, it remained the allegation of the appellant that recovery action was taken by the A.O by attaching bank account of the appellant u/s. 226(3) on 29.3.2010 on the basis of first appellate order passed on 3rd Februry 2010 and was served upon the assessee on 31st March 2010.

Export Grows 56.9 per cent at US Dollar 25.9 Billion in May 2011- Commerce Secretary

June 10, 2011 585 Views 0 comment Print

India’s exports have registered a growth of 56.9% during May 2011, at US $ 25.9 billion. Interacting with the media persons here today, Shri Rahul Khullar, Commerce Secretary, informed that during the period April-May 2011, exports have reached a level of US $ 49.8 billion at a growth of 45.3% while the imports were US $ 73.7 billion with a growth of 33.3% and a trade deficit of US $ 23.9 billion, during the same period. During the interaction, Shri Khullar informed that India’s imports in May 2011 were US $ 40.9 billion. He further clarified that the import figures are only the rough estimates and the final figure is subject to change. Balance of trade for the month of May 2011 stood at – 15 billion US dollar.

Income Tax Law does not mandate the AO to suo moto supply the reasons for reopening / reassessment to the assessee

June 10, 2011 2625 Views 0 comment Print

CIT vs. Safetag International India Pvt Ltd (Delhi High Court)- In the present case, the assessee did not ask for these ‘reasons to believe’. The assessee rather participated in the reassessment proceedings. When the reassessment orders were passed and the assessee felt aggrieved there against, the assessee filed appeal before the CIT (A). In this appeal, he challenged the validity of reassessment proceedings, which was the course of action available to the assessee.

Section 4A of Companies Act, 1956 – Public financial institutions – Notified Institutions

June 10, 2011 3111 Views 0 comment Print

55. Gujarat Industrial Investment Corporation Limited. 56. Andhra Pradesh Industrial Development Corporation Limited. 57. Karnataka Urban Infrastructure Development and Finance Corporation Limited. 58. L&T Infrastructure Finance Company Limited.

Unsafe to convict on doubtful statements – SC

June 10, 2011 669 Views 0 comment Print

The Supreme Court has ruled that omissions in the statements of witnesses creating serious doubts about truthfulness of the testimony should be discarded as it is unsafe to convict a person based on that. Where the omissions amount to a contradiction, creating a serious doubt about the truthfulness of the witness and other witnesses also make material improvement while deposing in the court, such evidence cannot be safe to rely upon.

Govt notifies Collection of Statistics Rules, 2011

June 10, 2011 3903 Views 0 comment Print

The Collection of Statistics Act, 2008 was enacted by the Parliament on 7th January 2009. It was brought into force on 11th June 2010. The Act repealed the Collection of Statistics Act, 1953. Rules under the Act, namely, the Collection of Statistics Rules, 2011 were notified on 16th May 2011.

CoS gives nod for revision of Base Year of All India Index of Industrial Production

June 10, 2011 669 Views 0 comment Print

The Committee of Secretaries (COS) in its meeting held on 10th May, 2011 approved the release of the new series of Index of Industrial Production (IIP) with 2004-05 as its base and directed that the new series of IIP may be released for the month of April, 2011onwards. Accordingly IIP new series is released today i.e 10th June, 2011, which is the Quick Estimate (QE) of IIP for the month of April, 2011. The time series indices for the period of April, 2005 to March, 2011 are also released along with the QE of April, 2011 index. Though the Q.E. of the IIP pertaining to the old series of IIP (Base: 1993-94=100) is also made available through this Ministry’s website for comparison and academic purposes, the same will be discontinued from the month of September, 2011 onwards. In other words, the Q.E. of IIP pertaining to 1993-94 series will be provided only upto the month of August, 2011, which will be the Q.E. of IIP for the month of June, 2011.

RBI Governor pitches for greater autonomy for RBI to deal with inflation

June 10, 2011 486 Views 0 comment Print

Amid rising inflation, Reserve Bank Governor D Subbarao today pitched for greater autonomy for the central bank saying that operational freedom would help it focus better on management of prices. Having autonomy frees the central bank from the pressure of responding to short-term developments, deviating from its inflation target and thereby compromising its medium term inflation goals, Subbarao said in a speech at the SAARC Finance Governors’ symposium at Kumarakom in Kerala.

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