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Archive: July, 2011

Posts in July, 2011

Bonus shares eligible for benefit u/s 115F of the Act if if original shares acquired in foreign currency – ITAT Mumbai

July 29, 2011 1221 Views 0 comment Print

Sanjay Gala Vs ITO (ITAT Mumbai)- In the present case, the assessee subscribed to shares in convertible foreign exchange and acquired the foreign exchange asset. In so far as this aspect is concerned, there is no dispute from the revenue authorities.

Canvassing agent not business connection , Non-Resident, even with ‘business connection’, can be taxed only in respect of business operations carried out in India

July 29, 2011 2113 Views 0 comment Print

ADIT Vs Star Cruise India Travel Services (ITAT Mumbai)- In the case of a business of which all the operations are not carried out in India, the income of the business deemed under this clause to accrue or arise in India shall be only such part of the income as is reasonably attributable to the operations carried out in India” but then since no part of the operations was carried out in India, no part of assessee’s income could have been thus taxable in India.

It is impermissible in a review petition for an assessee to re-argue and re-agitate the issues/questions which have been already considered and decided by the High Court

July 29, 2011 942 Views 0 comment Print

Ravina Khurana Vs CIT (Delhi High Court)- The applicant wants to re-argue and re-agitate the issues/ questions which have been considered and decided by this Court in the decision dated 20th April, 2011. This is not permissible. The review application has no merit and it is accordingly dismissed.

Notification No. 39/2011 – Income Tax Dated 28/7/2011

July 28, 2011 840 Views 0 comment Print

Notification No. 39/2011 – Income Tax [F. NO. 203/58/2010/IT(A-II)], DATED 28-7-2011 It is hereby notified for general information that the organization Central Manufacturing Technology Institute, Bangalore has been approved by the Central Government for the purpose of clause (ii) of sub-section (1) of section 35 of the Income-tax Act, 1961 (said Act), read with Rules 5C and 5E of the Income-tax Rules, 1962 (said Rules), from assessment year 2011-12 onwards in the category of ‘Other Institution’, engaged in research activities subject to the following conditions, namely:-

Download Free E-Book on 'The Process of E-filing of Income Tax Returns'

July 28, 2011 35753 Views 15 comments Print

Direct Taxes Committee of ICAI by providing a handbook on the PROCESS OF E-FILING OF INCOME TAX RETURNS. This handbook would act as a ready referencer for our members for e-filing the income tax returns. The same can be downloaded from the link given below:-

Enactment of Finance Act, 2011 (8 of 2011) (M&TP notification)

July 28, 2011 481 Views 0 comment Print

In exercise of the powers conferred by section 76 of the Finance Act, 2011 ( 8 of 2011), the Central Government hereby appoints the 1st day of August, 2011, as the date on which, the provisions of the said section shall come in to force.

Failure to issue a notice under s 143(2) does not render reassessment unsustainable when the assessment is in response to a notice under s 148

July 28, 2011 1228 Views 0 comment Print

The Commissioner of Income Tax Vs Madhya Bharat Energy Corpn Ltd. (Delhi High Court)- It is noted that the impugned assessment is in response to notice under Section 148 of the Act and the Act does not specifically provide that the assessment made under Section 147 of the Act will be after issue of the notice under Section 143(2) of the Act. In fact, AO has the basic jurisdiction to assess the income in terms of Section 147 and Section 148 of the Act where he has reason to believe that the income has escaped assessment.

CBDT Panel to curb black money to meet tomorrow

July 28, 2011 798 Views 0 comment Print

The committee that was set up to strengthen ways to curb black money in the country and is headed by CBDT chairman, will hold its second meeting tomorrow. According to official sources, the committee will review the mandate and discuss several issues, including the responses that the government has received from the general public to tackle the black money menace.

Chairman CBDT inaugurates special camp at Pragati Maidan, Hall No 12 and 12A

July 28, 2011 804 Views 0 comment Print

In furtherance of Income Tax Department’s commitment towards providing better tax payer services, the Income Tax Department, New Delhi has organized a special camp to facilitate filing of returns of salaried and pensioner assessees at Hall no. 12 & 12A, Pragati Maidan from 28th to 31st July. The camp was today inaugurated by Shri Prakash Chandra, Chairman, Central Board of Direct Taxes.

Cabinet approves the Lokpal Bill, 2011

July 28, 2011 1087 Views 0 comment Print

The Union Cabinet today approved the proposal for the enactment of a new legislation in the form of the Lokpal Bill, 2011. The Bill provides for the establishment of the institution of Lokpal to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto. The Bill envisages setting up the institution of Lokpal consisting of Chairperson and eight Members with the stipulation that half of the Members shall be Judicial Members. It will have its own Investigation Wing and Prosecution Wing with such officers and staff as are necessary to carry out its functions.

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