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Archive: 2011

Posts in 2011

No lawyer, No hearing, No appeal; Court should not decide a criminal case against the accused in the absence of his counsel -SC

October 25, 2011 3617 Views 0 comment Print

MD. Sukur Ali Vs State of Assam (Supreme Court) – In Maneka Gandhi vs. Union of India AIR 1978 SC 597, it has been held by a Constitution Bench of this Court that the procedure for depriving a person of his life or liberty should be fair, reasonable and just. We are of the opinion that it is not fair or just that a criminal case should be decided against an accused in the absence of a counsel. It is only a lawyer who is conversant with law who can properly defend an accused in a criminal case. Hence, in our opinion, if a criminal case (whether a trial or appeal/revision) is decided against an accused in the absence of a counsel, there will be violation of Article 21 of the Constitution.

What was wrong if I recorded your guilt in advance – Judge

October 25, 2011 1076 Views 0 comment Print

New Delhi, Oct 24 : Special CBI Judge O P Saini today expressed his displeasure against the high-profile accused in 2G spectrum scam case for making a hue and cry over his decision to record in advance that they were not pleading guilty and face the trial. “What was wrong if I recorded your guilt […]

LLP – Reminder for filing Form 8 and Form 11

October 25, 2011 5506 Views 0 comment Print

All LLPs registered upto 30-September-2010 have to mandatorily close the financial year as on 31-03-2011 and file Form-11 by 30-May-2011 and Form-8 by 30- October-2011. LLPs registered from 01-10-2010 to 31-03-2011 have option either to close financial year as on 31-03-2011 or 31-03-2012 and to file Form-8 & 11 accordingly.

ORDER NO. 174 OF 2011- Ad. VI.(Promotion and transfer/posting of CCITs)

October 25, 2011 1619 Views 0 comment Print

ORDER NO, 174 OF 2011 The following transfers/postings in the grade of Chief Commissioner of Income Tax are hereby ordered with immediate effect and until further orders:

Service tax paid on input services of one unit can be distrubuted to other unit ; Recovery stayed

October 24, 2011 771 Views 0 comment Print

The combined reading of the Rule 7 and the clarificatory Circular dated 23-8-2007 clearly shows that there are only two restrictions regarding the distribution of the credit. The first restriction is that the credit should not exceed the amount of Service Tax paid. The second restriction is that the credit should not be attributable to services used in manufacture of exempted goods or providing of exempted services. There are no other restrictions under the rules. The restrictions sought to be applied by the Department in this case in limiting the distribution of the Service Tax credit made in respect of the Malur Unit on the ground that the services were used in respect of the Cuttack Unit finds no mention in the relevant rules.

Benefit of rebate u/s 88E is available to assessee in MAT Assessment on book profits u/s 115JB

October 24, 2011 3438 Views 0 comment Print

The contention that this benefit is not available to assessee whose total income is assessed u/s 115JB has no substance. In other words, when the total income is assessed u/s 115JB has no substance. In other words when the total income is assessed and the tax chargeable is computed, it is from that tax which is chargeable, the tax paid under section 88 is given deduction, by way of rebate, under section 87 of the Act. This is the legislative intent. That is a promise to give deduction of the tax already paid. This is the mode in which tax already paid is handed back at the time of final computation.

India-Nepal DTAA to be expedited – FM

October 24, 2011 957 Views 0 comment Print

The Finance Minister of Nepal Mr Pun assured Shri Mukherjee about the safety and security of Indian businessmen visiting Nepal. He sought support of the Finance Minister Shri Mukherjee in completing various projects in Nepal. He also assured that finalization of DTAA between two countries would also be got expedited. He thanked Shri Mukherjee for all his support to Nepal and invited him to visit Kathmandu at the earliest.

Kamal Nath directs DDA to examine latest SC order on General Power of Attorney issue

October 24, 2011 1685 Views 0 comment Print

The other issues discussed at the meeting included, guidelines for Use conversion charges from residential to commercial on upper floor of markets, conversion to freehold without charging UEI (unearned Increase) in cases of transfer through will, gift deed, share of transfer etc., need for land monetization and better use of scarce land resources through higher FAR for public utilities such as hospitals etc.

Union Finance Minister Shri Pranab Mukherjee’s Address at the National Development Council Meeting

October 24, 2011 1045 Views 0 comment Print

We have initiated two major steps in the area of tax reforms. The first pertains to the DTC and the second to the Goods and Services Tax (GST). The DTC Bill was introduced in August, 2011 and has been referred to the Parliamentary Standing Committee. I am hopeful that the Committee will submit its report by the Winter Session of the Parliament, and thereafter we would seek to get the legislation passed during the Budget session. By amalgamating several taxes levied by the Centre and the States at different stages of the value chain, the GST would mitigate cascading and make Indian industry competitive in domestic as well as international markets. It would also improve compliance and make the level of taxation transparent to the end consumers.

CBI arrests ITO and CA in Bribery Case

October 24, 2011 3350 Views 0 comment Print

The Central Bureau of Investigation (CBI) on Wednesday arrested income-tax officer Ranjan Prakash and chartered accountant Vimal Patangia on the allegation that Mr Prakash demanded Rs. 1.5 lacs from the complainant through the CA concerned for getting favourable order in A.Y. 2009-2010 pending with the ITO.

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