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Archive: 2011

Posts in 2011

Cost Accounting Standard Board invites comments on Exposure Draft Guidance Note-Cost Accounting Standards(CAS-4)

September 1, 2011 919 Views 0 comment Print

The Cost Accounting Standards Board Secretariat has prepared a revised Guidance Note on CAS-4. It has been decided to expose the same for the public comments. The proposed Exposure Draft may be modified in light of comments received before being issued in the final form.

Annual quota for import of marble from Bhutan increased to 5,882 MTs

September 1, 2011 577 Views 0 comment Print

NOTIFICATION No. 69 (RE-2010)/2009-14 The annual quota for import of marble from Bhutan will now be 5,882 MTs. Previously it was 1847 MTs.

Constitution of new Dispute Resolution Panel at Mumbai – ORDER NO. 7/FT&TR/2011

September 1, 2011 913 Views 0 comment Print

ORDER NO. 7/FT&TR/2011 [F.NO.500/15/2011-FT&TR-I], DATED 1-9-2011 In partial modification of Order No. 6/FT&TR/2011, dated 24-8-2011 and in exercise of powers conferred under section 144C of the Income-tax Act, 1961, the Board hereby reconstitutes the Dispute Resolution Panel (DRP) comprising of three Commissioners of Income-tax/Directors of Income-tax as Members of DRP-II, Mumbai, who shall perform such duties in addition to their regular duties with immediate effect and until further order:

Custom Duty – Regarding extension of terminal date of basic custom duty exemption on raw sugar and white/refined sugar

September 1, 2011 454 Views 0 comment Print

Notification No. 84 /2011 – Customs , Dated- 01st September, 2011 G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 21/2002-Customs, dated the 1st March, 2002, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 118(E) dated the 1st March, 2002, namely :-

Exemption u/s 54F to HUF allowable even if property is in the name of individuals but purchased from HUF account and with HUF’s PAN

September 1, 2011 1260 Views 0 comment Print

CIT Vs Dinesh Megji Toprani (HUF) (Bombay High Court)- The assessee HUF had sold certain immovable properties and out of the sale proceeds received, purchased immovable properties and claimed benefit of deduction under Section 54F of the Income Tax Act, 1961. The assessing officer was of the opinion that the property was purchased in the name of the individuals namely Dr.Dinesh Megji Toprani and Mrs.Jyoti Dinesh Toprani and not in the name of the HUF and, therefore, the assessee was not entitled to the deduction under Section 54F of the Income Tax Act, 1961.

Penalty for inadmissibility of legal claim not justified

September 1, 2011 954 Views 0 comment Print

ACIT Vs. Sumit P. Bhattacharya (ITAT Mumbai)- Assessee was an employee of M/s Procter and Gamble India Ltd., which is a group company of Procter and Gamble of USA. The company had given appreciation rights to the assessee. As regards the judgment of the Apex Court in the case of Union of India Vs. Dharmender Textiles, 306 ITR 307, we find that CIT(A) as well as ITAT have not cancelled penalty on the ground of mens rea, therefore, the judgment of the Apex Court in this case is not applicable to the facts of the case under consideration. Contrary to that, the case under consideration is covered by the judgment of the Apex Court in the case of Reliance Petroproducts P. Ltd. Cited supra. In the light of above discussion, we hereby cancel the penalty levied u/s 271(1)(c) of the Act.

‘False and frivolous, submissions by CIT (DR) before ITAT constitute ‘criminal contemp’ and justify recovery of costs from salary

September 1, 2011 6549 Views 0 comment Print

CIT (DR)- XII, ITAT Vs. Simoni Gems (ITAT Mumbai) -In appeal assessee raised preliminary objection that the notice u/s 143(2) was not issued within the prescribed period of 12 months and AO accepted that the notice under 143(2) notice was not been issued in time. Accordingly, the Tribunal, relying on Hotel Blue Moon 321 ITR 362 (SC), dismissed the department’s appeal without going into the merits of the appeal.

Dividend income derived by assessee from a company in Malaysia not liable to be taxed in the hands of the assessee in India under any of the provisions of the Act – SC

September 1, 2011 856 Views 0 comment Print

Dy. Commissioner of Income Tax Vs. Torqouise Investment & Finance Ltd. (Supreme Court of India)- Whether ITAT was justified in holding that dividend income earned by the Assessee amounting to Rs. 21,35,766/- from a Company called Pan Century Edible Oils SDN, BHD. Malaysia is not liable to be taxed in the hands of Assessee in India under any of the provisions of the Income Tax Act?

Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Singapore

September 1, 2011 937 Views 0 comment Print

Notification No. 47/2011 – Income Tax Section 90 of The Income-Tax Act, 1961 – Double Taxation Agreement – Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Singapore – Second Protocol amending said Agreement – NOTIFICATION NO. 47/2011 [F. NO. 500/139/2002-FTD-II], DATED 01-09-2011

Customs – On-site Post Clearance Audit (OSPCA) – CBEC Chairman Allays Apprehensions

September 1, 2011 2318 Views 0 comment Print

At the outset. I would like to inform you categorically that for the present the scheme will not be applied to exporters. OSPCA will be implemented in a phased manner beginning only with importers who avail the Accredited Clients Programme (ACP). Other categories of importers would be covered in subsequent phases but even then, taking into account administrative costs of conducting OSPCA and the nature and size of the business It is not intended to cover all importers and the present Custom House Audit shall continue side-by-side with OSPCA I may add that OSPCA would require an effective Risk Management System (RMS) as an essential prerequisite, which is so far not even introduced on the export side.

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