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Archive: 2011

Posts in 2011

CBI Arrests Superintendent of Central Excise in Bribery Cases

September 22, 2011 2301 Views 0 comment Print

A case was registered U/s 7 of PC Act 1988 against Supdt. (Audit), Central Excise, Indore for demanding a bribe of Rs. 50,000/- for showing official favour in the matter of accepting the report of Survey Department of Central Excise to clear the service tax of his company. CBI laid a trap and the accused was caught red handed while demanding and accepting a bribe of Rs.50,000/ from the complainant.

Security Issues and Risk mitigation measures related to Card Present (CP) transactions

September 22, 2011 880 Views 0 comment Print

As you are aware, in its endeavor to ensure that the payment systems operated in the country are safe, secure, sound and efficient, RBI has been taking proactive measures to contain the incidence of frauds in these systems. One such measure has been the move to secure Card Not Present (CNP) transactions, making it mandatory for banks to put in place additional authentication/validation for all on-line/ IVR/MOTO/recurring transactions etc. based on information not available on the credit/debit /prepaid cards.

S S Rana to look after all investigations related to cases of tax evasion and search-and-seizure operations by the I-T Department

September 22, 2011 2185 Views 0 comment Print

Nine months after the responsibility for Income Tax investigations was taken over by the Chairman of the Central Board of Direct Taxes (CBDT), the portfolio has now once again been vested with a separate member, in sync with the practice of previous years. The present Chairman of the Central Board of Direct Taxes (CBDT), M C Joshi, had held on to the charge of I-T investigations when he took over on August 1 this year.

Dishonour of electronic funds transfer for insufficiency of funds in the bank account – clarification

September 21, 2011 5147 Views 0 comment Print

As you may be aware section 25 of the Payment and Settlement Systems Act, 2007 accords the same rights and remedies to the payee (beneficiary) against dishonour of electronic funds transfer instructions for insufficiency of funds in the account of the payer (remitter), as are available to the payee under section 138 of the Negotiable Instruments Act, 1881.

Court order sanctioning a scheme of amalgamation or demerger is an instrument and conveyance liable to stamp duty

September 21, 2011 2061 Views 0 comment Print

The Court held that an order sanctioning a scheme under section 394 of the Companies Act falls within the description of the words ‘instrument’ and `conveyance’ within the meaning of the West Bengal Stamp Act, 1964. Accordingly, it is subject to stamp duty. The Court also observed that no property transferred pursuant to any scheme in the State of West Bengal would be effective unless appropriate stamp duty is paid. This ruling may be relevant in the States which do not have a specific clause for merger/demerger under sections 391-394 of the Companies Act, 1956 in the conveyance entry in the Stamp duty schedule.

Service Tax – Audit of the accounts of BSNL– Issue of eligibility or otherwise of Notification No.03/1994

September 21, 2011 1659 Views 0 comment Print

Circular No. 146/15/2011 – Service Tax – Audit of the accounts of M/s Bharat Sanchar Nigam Ltd, Tiruchirapalli – Issue of eligibility or otherwise of Notification No.03/1994 – ST dated 30.6.1994 in case of telephone services for local calls provided through Village Panchayat Telephones – regarding.

India signs double taxation avoidance agreement (DTAA) with Estonia

September 21, 2011 1937 Views 0 comment Print

India has signed a double taxation avoidance agreement (DTAA) with Estonia and has also forged a pact to work with the European nation in the fields of information, communications and technology (ICT). Communications and Information Technology Minister Kapil Sibal signed the pact during his visit to Estonia on September 19, during which he also met Estonian Prime Minister Andrus Ansip, an official statement said.

DRP’s power to ‘enhance’ confined to issues raised in draft assessment order. ‘Future losses’ allowable as deduction

September 21, 2011 1359 Views 0 comment Print

Dredging International NV vs. ADIT (ITAT Mumbai) – DRP cannot issue any directions which are at variance from the proposed draft order. Further, any provision made towards foreseeable losses is an allowable expenditure. The arguments are that the assessee has already shown the revenue receipt, i.e. work-in-progress at Rs. 19,83,63,908/- which was more than the contract receipts determined by the DRP at Rs.13,12,94,847/- and so the question of estimating revenue on the amount as directed by the DRP does not arise as contested in ground No. 3. Further, since assessee claimed the future loss of Rs.32,86,17,293/- and this future loss was proposed to be disallowed by the A.O. in the draft assessment order, the DRP cannot direct the A.O. to estimate the profit on 20% of the contract at 8%, which is at variance with the proposed draft order.

Govt may soon credit you service tax refund in you bank account automatically

September 21, 2011 1538 Views 0 comment Print

Government today said that it was working on a system to automatically transfer service tax refunds in their accounts. Currently, the duty drawback is directly credited to accounts of exporters maintained at customs houses, but exporters have to file claims separately to get service tax refunds. Exporters complain that many a times there are unusual delay in refund of the levy.

Assessee’s AO cannot question Creditor’s Income Tax Return instead he should inquire with creditor’s AO

September 21, 2011 2366 Views 0 comment Print

CIT Vs. Dataware Pvt. Ltd. (Calcutta High Court) Assessee’s AO cannot question Creditor’s Income Tax Return instead he should inquire with creditor’s AO

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