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Archive: 12 December 2011

Posts in 12 December 2011

Central Board of Trustees, Employees’ Provident Fund recommends Interest Rate on PPF

December 12, 2011 1628 Views 0 comment Print

The Provident Fund handled by the Employees’ Provident Fund Organisation is known as Employees’ Provident Fund (EPF). Rate of interest on Employees’ Provident Fund for every year is recommended by the Central Board of Trustees, Employees’ Provident Fund on the basis of estimated interest income available and estimated liability on interest payment of the particular year. Assessment on above lines is made every year by the Central Board of Trustees, Employees’ Provident Fund before recommending rate of interest to the Government of India.

Section 19 of the BR Act, 1949- Investments in subsidiaries and other companies – Guidelines

December 12, 2011 1770 Views 0 comment Print

Please refer to the instructions contained in paragraphs 2 and 3 of our Master Circular DBOD. No. FSD.BC.15 / 24.01.001/ 2011-12 dated July 1, 2011 on Para-Banking Activities which deal with the guidelines for setting up of subsidiaries by banks as also banks’ investments in financial services companies which are not subsidiaries. These require Reserve Bank’s prior approval and are permitted within certain prescribed prudential limits.

Export of 10,000 Tons of non-Basmati rice to Horn of Africa (Kenya, Somalia & Djibouti)

December 12, 2011 298 Views 0 comment Print

Notification No. 88 (RE – 2010)/2009-2014, Export of 10,000 tons of non-basmati rice to Horn of Africa (Kenya, Somalia & Djibouti) from Central Pool Stock of FCI at economic cost has been permitted.

RTI – CIC has no power to direct Public Authority to furnish information – SC

December 12, 2011 1098 Views 0 comment Print

Chief Information Commissioner and another Vs. State of Manipur and another (Supreme Court)- Government of Manipur has notified the exemption of certain organizations of the State Government from the purview of the said Act.This Court makes it clear that those notifications cannot apply retrospectively. Apart from that the same exemption does not cover allegations of corruption and human right violations.

Many Interim Applications in a proceeding under section 397/398 of Companies Act, 1956?

December 12, 2011 1546 Views 0 comment Print

It is known that proceedings under section 397/398 of the Companies Act, 1956 are always complicated. There will often be criticism that the jurisdiction of Company Law Board (CLB) under section 397/398 of the Companies Act, 1956 is being misused.

Approval u/s. 80G once granted shall continue to be valid in perpetuity unless a show cause notice issued by CIT showing intention to withdraw such approval

December 12, 2011 4280 Views 0 comment Print

Lions Club of Calcutta Hastings Vs DIT (Exemption)- (ITAT Kolkata)- In the present case no show cause notice has been issued to the assessee. Therefore, we do not see any merit in this contention of the lad that the provisions contained in section 293C of the Act enables the ld. Commissioner of Income Tax to withdraw approval. We, therefore, considering the totality of the facts as discussed hereinabove are of the view that the ld. Commissioner of Income Tax was not justified in withdrawing approval once granted because the Legislature in all its wisdom has sought to omit this proviso to section 80G(5)(vi) of the Act and after omission of the said proviso, the approval once granted shall continue to be valid in perpetuity unless and until a show cause notice is issued by the concerned CIT showing his intention to withdraw already granted such approval.

CIT can set aside 143(3) assessment if creditors not been verified during the Assessment

December 12, 2011 2826 Views 0 comment Print

Southern Metals & Alloys Vs. ACIT (ITAT Chennai)- The assessing authority had asked for details in respect of various creditors and in respect of the above stated trade creditors. The assessee had not furnished any particulars before the assessing authority. No confirmations were made by creditors also. On an examination of the records of the case, we find that even though the assessing authority had initiated the process of verifying the genuineness of the trade creditors, he has not brought that process to a logical end.

Notification No.124/2011 – Income Tax Dated 27/12/2011

December 12, 2011 325 Views 0 comment Print

Notification No.124/2011 – Income Tax Whereas by notification of the Government of India, in the Ministry of Finance (Department of Revenue) number S.O. 1111(E), dated the 8th August, 2005, issued under sub-section (1) read with clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961 (43 of 1961), the Central Government had notified at serial number 2, “Comprehensive rehabilitation, medical & human resource development services for the blind and disabled” by Blind People’s Association, Jagdish Chowk, Surdas Marg, Vastrapur, Ahmedabad

RTI – Tribunal Member’s ACR Can Be Disclosed If In ‘Public Interest’- Delhi High Court

December 12, 2011 999 Views 0 comment Print

R. K. Jain vs. UOI (Delhi High Court)- The matter is remanded back to the CIC for considering the issue whether, in the larger public interest, the information sought by the petitioner could be disclosed. If the CIC comes to a conclusion that larger public interest justifies the disclosure of the information sought by the petitioner, the CIC would follow the procedure prescribed in Section 11 of the Act.

Transport of Goods by Rail Service – Exemption to transport of Goods by rail – Amendment in Notification No. 7/2010-ST, dated 27-2-2010 – Exemption extended till 1-4-2012

December 12, 2011 1319 Views 0 comment Print

Notification No. 49/2011-ST., dated 30-12-2011 Section 65(105) (zzzp) of the Finance Act, 1994 – Transport of Goods by Rail Service – Exemption to transport of Goods by rail – Amendment in Notification No. 7/2010-ST, dated 27-2-2010 – Exemption extended till 1-4-2012

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