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Archive: 14 June 2011

Posts in 14 June 2011

While deciding a case ITAT can rely on a case which has not not been cited at the time of hearing

June 14, 2011 531 Views 0 comment Print

Geofin Investment (P) Ltd vs. CIT (Delhi High Court) – Learned counsel for the petitioner Geofin Investment (P) Limited, submits that the tribunal had erred in dismissing the application under Section 254(2) of the Income Tax Act, 1961 (Act, for short) as the tribunal in its order dated 13th October, 2010, had referred to and relied upon decision of another ITAT Bench which had not not been cited at the time of hearing. He submits that the order passed by the tribunal dated 13th October, 2010 under Section 254(1) of the Act, should have been recalled. Hoourable High Court do not find any merit in the said contention. Under Section 254(2), a mistake apparent from the record can be rectified.

Registration as Public Trust not necessary for registration u/s 12A – ITAT Mumbai

June 14, 2011 5512 Views 0 comment Print

Grameen Initiative for Women vs. DIT (E) (ITAT Mumbai)- Hon’ble Bombay High Court – Nagpur Bench has held that there is no requirement under the Act that an institution constituted for advancement of any object of general public utility must be registered as a trust. Therefore, in the present case before us, mere because the assessee association is registered as company under sec. 25 of the Companies Act, that by itself cannot be a ground to refuse registration under sec. 12A/12AA of the Act. Thus, this ground of rejection of registration by the Commissioner of Income-tax, is also rejected. The only reason for which the registration was declined was on the ground that the assessee could not produce the certificate from the Charity Commissioner and that reason, as we have noted above, is not legally sustainable. In view of these discussions, and bearing in mind entirety of the case, we direct the learned Director to grant registration to the assesse appellant. The assesse succeeds in the appeal.

I-T dept proposes political parties assessment under charity law instead of under special clause

June 14, 2011 456 Views 0 comment Print

Faced with the challenge of curbing black money in electoral process, the Income Tax (I-T) department has now proposed assessment of the income of political parties under the provisions of charity law instead of the present system of doing so under a special clause. The department’s proposal, prepared after it’s investigation wings across the country helped the Election Commission in conducting polls in West Bengal, Tamil Nadu and Assam, has been sent to the Finance Ministry and the EC for consideration.

Income tax evassion need not declared criminal offence, says expert

June 14, 2011 309 Views 0 comment Print

The government can do without making tax evasion a criminal offence as the existing income tax laws , which provide for rigorous imprisonment up to seven years for willful default, has not been used effectively to unearth black money , say experts . ,One can be jailed for seven years (rigorous imprisonment ) for willful evasion of tax (above Rs.1 lakh).

Govt extends DEPB scheme for three more months till September 2011

June 14, 2011 989 Views 0 comment Print

The government today said it had extended the popular exports scheme – DEPB – for three more months till September. The DEPB scheme was due to end on June 30. ‘…We have extended Duty Entitlement Pass Book (DEPB) till September,’ Finance Secretary Sunil Mitra said on the sidelines of a seminar organised by Ministry of Finance and OECD.

Commerce Minister urges SAARC members to Lower Tariff of Sensitive items

June 14, 2011 411 Views 0 comment Print

The Minister of Commerce & Industry, Government of India Mr. Anand Sharma Mr. Anand Sharma urged the member states of SAARC to bring down all the protectionist trade barriers to achieve regional economies of scale at a much greater pace. While emphasizing that the serious attempts being made to reduce the sensitive list under the trade liberalization program of SAFTA, should be encouraged, the Indian minister also said the focus should also be to bring down the tariff levels for those items which still remain within the sensitive list. The Minister was speaking at the Fifth Meeting of the SAFTA Ministerial Council in Male’ today.

Companies (Amendment) Regulations, 2011 in respect of Appointment of Regional Director

June 14, 2011 688 Views 0 comment Print

. In the Companies Regulations, 1956, 1. In Regulation 2, after clause I the following clause shall be substituted, namely:- (d) ‘ Regional Director’ means the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director for the respective regions as under:-

Exim Bank's Line of Credit of USD 36.56 million to the Government of the United Republic of Tanzania

June 14, 2011 439 Views 0 comment Print

Export-Import Bank of India (Exim Bank) has concluded an Agreement dated March 28, 2011 with the Government of the United Republic of Tanzania making available to the latter, a Line of Credit (LoC) of USD 36.56 million (USD thirty six million and five hundred sixty thousand) for financing eligible goods and services including consultancy services from India for the purpose of financing the purchase of 723 vehicles under the India Africa Fund into Tanzania.

RBI – Directions for submission of system audit reports from CISA qualified Auditor

June 14, 2011 954 Views 0 comment Print

DPSS.CO.OSD. No. 2764/06.11.001/2010-2011 It is clarified that the contents of the above circular are applicable to only those entities which operate a payment system under the Payment and Settlement Systems Act, 2007. Accordingly, the requirement of system audits is not applicable where a bank/entity is a participant in various payment systems such as RTGS, NEFT, CFMS, ECS, NECS, Card payment systems (Visa, MasterCard, etc.), ATM networks (illustratively like NFS, BANCS) etc.

Opening of Branch/Subsidiary/Joint Venture/Representative Office or Undertaking Investment Abroad by NBFCs – Circular No. DNBS (PD) CC.No. 222/03.10.001/2010-11

June 14, 2011 510 Views 0 comment Print

Please refer to Regulation No. 7 of the Foreign Exchange Management (Transfer or Issue of Any Foreign Security) (Amendment) Regulations, 2004, dated July 07, 2004, in terms of which an Indian party requires prior approval of the concerned regulatory authorities both in India and abroad, to make an investment in an entity outside India engaged in financial services activities. Further in terms of para B.5.3 of the Master Circular on Direct Investment in Joint Venture (JV) / Wholly owned subsidiary (WOS) abroad dated July 01, 2009 issued by Foreign Exchange Department, RBI, regulated entities in the financial sector making investments in any activity overseas are required to comply with the above regulation.

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