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Archive: 2011

Posts in 2011

Provisions of Section 72A would be applicable only when ‘amalgamating company’ and not ‘amalgamated company’ has accumulated losses

August 21, 2011 25435 Views 0 comment Print

Wrigley India Private Ltd. v ACIT (ITAT Delhi)- Whether the Tax Officer has, inter alia, erred in disallowing the claim of brought forward losses and unabsorbed depreciation of the Taxpayer post amalgamation? The Tribunal agreed with the position taken by the Taxpayer by holding that: – The conditions specified in Section 72A(2) of the IT Act are applicable only when amalgamating company has brought forward losses and unabsorbed depreciation. However, in the Taxpayer‟s case, the amalgamating company does not have brought forward losses and unabsorbed depreciation and hence, the provisions do not apply

Non-Implementation of SAFTA by Pakistan

August 21, 2011 663 Views 0 comment Print

Pakistan maintains a ‘Positive List’ of 1945 items which are allowed to be imported from India. Under SAFTA, Pakistan operates a sensitive list (negative list) of 1169 items. This issue is being discussed at the ongoing rounds of bi-lateral trade talks between India and Pakistan. At the Commerce Secretary level talks in April 2011, Pakistan side has in-principle agreed to move from ‘Positive List’ to ‘Negative List’ trade regime. Pakistan has also recognized that grant of MFN status to India would help in expanding the bilateral trade relations.

Cooperative Housing Society (Delhi) – Frequently Asked Questions

August 21, 2011 39536 Views 25 comments Print

1 .How a cooperative housing society can be formed? An application for registration in Form No. 1 should be signed by 60 members who are forming the society. Along with the application the following documents should also be filed. Four copies of the proposed byelaws duly signed by each of the signatory to the application.

Section 54 -Capital gains – Exemption qua residential house

August 21, 2011 5758 Views 0 comment Print

Firm is not entitled to exemption – A firm is not entitled to exemption under section 54 – CIT v. K. Gangiah Chetty & Sons [1995] 214 ITR 548 (Mad.). Tax authorities must determine extent of appurtenant land – The expression ‘land appurtenant thereto’ under section 54 has also a secondary meaning as equivalent to ‘usually enjoyed or occupied with’. There is no indication that the Legislature used the above expression in section 54 limiting its sense and meaning artifi­cially to any particle extent.

Beginners Guide to Income Tax with FAQ

August 21, 2011 20697 Views 19 comments Print

In this Article we are discussing below the frequently asked question by taxpayers on Income Tax related to Taxable Income, General Question, Tax on Income, Return of income, PAN, Salary Income, Income from House property, Income from business and Profession, Capital Gains, Tax Deduction at Source and Assessment which will provide an insight to the laymen on income tax provisions.

Service tax on fee charged for issuance of Country of Origin Certificate (COOC) by Chambers of Commerce

August 21, 2011 927 Views 0 comment Print

CIRCULAR NO. 145/14/2011-ST It is well known that in our country, Chambers of Commerce, Export Promotion Councils (EPC), some Trade Associations have been authorised by the Government to issue COOC to the exporters. General practice followed is that the exporter makes an application to the Chamber or any authorised agency for issuance of COOC, in the prescribed form, along with a copy of commercial invoice and other documents and pays the prescribed fees. On the basis and verification of the information provided in the application for COOC and the supporting documents with reference to the goods sought to be exported, the Chamber or the authorised agency issues a COOC.

Common Admission Test for All Degree Courses

August 21, 2011 853 Views 0 comment Print

While it is ideal to have a unified admission test for admission to higher education for all students, it is a great challenge, considering the huge diversity of education systems in the country. The underlying principle for having such a common admission test system is motivated by the principle of inclusion for collaborative excellence rather than exclusion through competitive excellence.

Maharashtra VAT – Refund Of Security Deposit Made During Registration

August 20, 2011 23901 Views 0 comment Print

1. Presently, deposit of Rs. 25,000 made at the time of registration is allowed to be adjusted against tax liability of the period in which registration was granted and in the subsequent year. 2. From 1 May 2011 such adjustment will not be allowed and the dealer is required to file claim for refund of such deposit.

Directorate of Income Tax (Criminal Investigation) to investigate criminal offences under direct tax laws

August 20, 2011 1090 Views 0 comment Print

The Finance Ministry has set up a Directorate of Income Tax (Criminal Investigation) to investigate criminal offences under direct tax laws, the Parliament was informed today. The Directorate of Income Tax (Criminal Investigation) is mandated to perform functions in respect of criminal matters having any financial implication punishable as an offence under any direct tax law, Minister of State for Finance SS Palanimanickam said in a written reply in the Lok Sabha.

Insurance – Syllabus for Training of Telecallers – Distance marketing of Insurance Products

August 20, 2011 1934 Views 0 comment Print

IRDA (Protection of Policyholders’ Interests) Regulations, 2002 – Point of sale issues, free look provision, time-limits for underwriting and servicing matters including claims etc.

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