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Archive: 2011

Posts in 2011

Ministry of Minority Affairs extends Date for Receipt of Applications for Pre-Matric and Post-Matric Scholarship Schemes

August 20, 2011 1776 Views 0 comment Print

The Ministry of Minority Affairs has extended the last date for receipt of applications from students by States / UTs for fresh cases of Pre-matric and Post-matric Scholarship Schemes up to 31st August, 2011. As per the time-line for Pre-matric and Post-matric Scholarship Schemes 2011-12 issued earlier to all the States / UTs, the last […]

Insurance – Fund Approval Procedure and Guidelines on NAV Process – Corrigendum

August 20, 2011 1334 Views 0 comment Print

Guidelines on NAV Process -Note: In supersession of earlier provisions issued vide Circular No. 24/IRDA/ACTL/2009-10, Dt. 5th Aug, 2009 with respect to calculation of NAV, the NAV shall, henceforth, be computed without appropriation/expropriation price as required under the said Circular under Unit Pricing Methodology. The same shall be applicable for all existing policies effective from the date immediately following the date of issue of this Circular.

Campus Placement at ICSI-CCGRT, Navi Mumbai

August 20, 2011 3386 Views 0 comment Print

Campus Placement at ICSI-CCGRT, Navi Mumbai The Placement Cell of the ICSI is organizing a Campus Placement for the fresher members for job and for students for 15 Months Training on Tuesday, the 30th August 2011 at 10.00 A.M. at ICSI­CCGRT, Plot NO.101, Sector-15, Institutional Area, CBD Belapur, Navi Mumbai- 400614. For Members Members admitted on or after 1st June 2011 and forwarded their CVs by 23rd August 2011 are eligible to participate in the event. As per the eligibility criteria indicated above 73 members are eligible to participate in the event. Names of the eligible members are as under :-

Reassessment not permissible if reasons recorded are merely change of opinion

August 20, 2011 1291 Views 0 comment Print

B. J. Services Company Middle East Ltd. and others Vs. DDIT (Uttarakhand High Court)- The combined effect of the provisions of Section 44BB, 44DA and 115A of the Act will not have a bearing to the cases in hand in as much as the Explanatory Note to the Finance Bill, 2010 clearly indicates that the amendments proposed in Section 44BB and 44DA of the Act would take effect from 1st April, 2011 and would apply in relation to the assessment year 2011-2012 and subsequent years. The amendment is prospective in nature and would not apply to the cases in hand which is of the earlier assessment years.

Sec 10A benefits cannot be denied on foreign exchange fluctuation gain linked to exports

August 20, 2011 3206 Views 0 comment Print

anyo LSI Technology India Private Ltd Vs DCIT (ITAT Bangalore)- Gain from fluctuation of foreign exchange is directly related with the export activities and should be considered as income derived from export in the year in which the export took place for the purpose of deduction u/s 10A of the Act.

Discount offered against defective materials supplied can not be disallowed

August 20, 2011 1645 Views 0 comment Print

Regent Granito India Ltd Vs ACIT (ITAT Ahmedabad)- Dis allowance for the discount offered against defective materials supplied can not be sustained- In the present case, the A.O. has merely doubted that the assessee is writing off the amount and giving credit to the customers to reduce its profit but the A.O. could not corroborate the same by bringing on record at least some corroborative evidence. It is also to be noted that it is not a case of allowing discount simplicitor. Discounts were allowed on account of breakage or defects in quality.

Whether the activity of transportation of containers falls under the purview of provisions of Sec 194C?

August 20, 2011 3084 Views 0 comment Print

ITO Vs Yash Container Terminal Pvt. Ltd. (ITAT Mumbai)- There is no dispute to the fact that the assessee has deducted tax @ 1.12% from the payments made to M/s Laxmichand Dharshi during the financial year 2006-07 u/s 194C of the I T Act being the payment made to sub contractor. According to the AO, such payments made to M/s Laxmichand Dharshi has to be treated as hire charges paid for transportation of containers/trucks as per bills raised since there is no written contract/ sub contract agreement between the parties concerned.

Whether when assessee company makes advances in favour of its Director holding 90% stake in the company, such loans are to be treated as deemed dividend in the hands of the company or the Director?

August 20, 2011 1264 Views 0 comment Print

ACIT Vs. Oxford Softeck Pvt. Ltd. (ITAT Delhi)- If it is supposed that all the conditions are fulfilled but then also the same cannot be added as income in the hands of the payer company as such amount can be added only to the income of a person as dividend who is a shareholder to whom such loan and advances made. Keeping in view these facts and the aforementioned case law relied upon by ld. CIT(A) and also the provisions of the Act, we are of the opinion that addition in the hands of the assessee company has rightly been deleted by ld. CIT(A) and to that extent we uphold his order and it is held that addition has rightly been deleted in the hands of the assessee company.

Board circular which provides that even the indirect expenditure which benefit employees’ welfare is covered under FBT is not applicable

August 20, 2011 1251 Views 0 comment Print

Karntaka Power Transmission Corporation Ltd. Vs DCIT (ITAT Bangalore)- Whether the expenditure incurred on repair and maintenance of residential quarters of the staff which were owned by the assessee company can be treated as a benefit given to the employees and is covered under clause (E) of subsection (2) of section 115WB relating to employees’ welfare – Whether the Board circular which provides that even the indirect expenditure which benefit employees’ welfare is covered under FBT is not applicable as the expenditure incurred by the assessee to upkeep its assets doesn’t mean even remotely that the benefits were provided to employees either directly or indirectly. – Assessee’s appeal allowed.

Customs amendment bill in LS to validate notices issued by different officials during the past 25 to 30 years.

August 19, 2011 1113 Views 0 comment Print

FM Pranab Mukherjee on Friday moved a bill in the Lok Sabha to amend the Customs Act to validate the showcause notices given by different officials during the past several years. The bill, which seeks to validate notices rendered invalid by the Supreme Court on technical ground, will be taken up for discussion and passage next week.

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