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Archive: 2011

Posts in 2011

GFI estimates total value of illicit money that has flown out of India at 20.92 lakh crore

August 16, 2011 432 Views 0 comment Print

A report of Global Financial Integrity (GFI) has estimated the total value of illicit money that has flown out of India at USD 462 billion (about Rs 20.92 lakh crore), Parliament was informed today. The present value of India’s total illicit financial flows, as per the (GFI) report is USD 462 billion, Minister of State for Finance S S Palanimanickam said in a written reply to the Rajya Sabha.

SEBI (Merchant Bankers) (Second Amendment) Regulations, 2011 – NOTIFICATION NO. LADNRO/GN/2011-12/17/26149, DATED 16-08-2011

August 16, 2011 489 Views 0 comment Print

NOTIFICATION NO. LADNRO/GN/2011-12/17/26149, DATED 16-8-2011 In exercise of the powers conferred by section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Board hereby makes the following Regulations to amend the Securities and Exchange Board of India (Merchant Bankers) Regulations, 1992, namely:—

SEBI (Prohibition of Insider Trading ) (Amendment) Regulations, 2011

August 16, 2011 2666 Views 0 comment Print

AMENDMENT IN REGULATION 13 AND SCHEDULE III- These regulations may be called Securities and Exchange Board of India (Prohibition of Insider Trading) (Amendment) Regulations, 2011.   

TDS on Salary – Rate Provisions A.Y. 2012-13

August 16, 2011 84091 Views 0 comment Print

Circular No.05/2011-Income Tax Instructions for deduction of TDS from salary for financial year 2011-2012 under section 192 of the Income Tax Act, 1961. The present Circular contains the rates of deduction of income-tax from the payment of income chargeable under the head “Salaries” during the financial year 2011-2012 and explains certain related provisions of the Income-tax Act. CIRCULAR NO. 05/2011 [F.NO. 275/192/2011-IT(B)], DATED 16-8-2011

Minutes of Meeting of BCAS Representatives with CIT, CPC

August 16, 2011 16907 Views 10 comments Print

Common Mistakes That Are Noticed By the CPC, Adjustment Of Old Demands Against Refunds Processed By CPC. Request Made By CPC To The CA Fraternity.- o encourage tax payers to file returns electronically instead of physically to make processing of tax returns more efficient.To encourage tax payers to obtain Digital Signature Certificates and to sign the e-returns electronically to minimize use of paper and logistics efforts.

Prime Minister's Independence Day Address alongwith Highlights

August 15, 2011 540 Views 0 comment Print

• Prime Minister calls for understanding and restraint, otherwise our security and integrity can get adversely affected. • Prime Minister cautions against ‘some people who want to create disturbances in the country so that our progress gets stalled’. • Prime Minister vows that ‘we will not let this happen’. • Prime Minister says this is time ‘to rise above personal or political interests and build consensus on issues of national importance’.

Entire mobilization/demobilization revenues received by the applicant with respect to seismic data acquisition and/or processing would be taxable in India at an effective rate of 4.223% – AAR

August 15, 2011 894 Views 0 comment Print

Western Geco International Limited Vs. DDIT (International Taxation), Dehradun (Advance Ruling Authority)- Even if part of the income falls under ‘Royalties’ or ‘Fees for technical Services’, there is no scope to assess such receipts under these heads, once it is held that the income is from its oil exploration and production activities as envisaged under section 44BB. We are of the view that if the applicant desires to know the answers to the two issues, then it has to first exercise the option to get its income computed under section 44BB(3). In view thereof, we answer the Question No.2 by saying that the entire mobilization/demobilization revenues received by the applicant with respect to seismic data acquisition and/or processing would be taxable in India at an effective rate of 4.223%.

Eligibility for exemption under section 54B in respect of amount invested in agricultural land against gain from sale of agricultural land

August 15, 2011 2386 Views 1 comment Print

Krishna Murthy Vallu Vs ITO (ITAT Visakhapatnam)- If land which is sold is situated in an area which is comprised within the jurisdiction of a municipality, etc, then the said land is squarely covered by clause (a) of section 2(14)(iii) and would fall in the category of ‘Capital assets’ even if it is held to be agricultural land. However, the assessee would be entitled for an exemption under section 54B on the reinvestment made by him in the purchase of another agricultural land subject to fulfilment of certain conditions.

Claiming of deduction with full disclosure on a debatable issue while filing ROI, penalty not warranted

August 15, 2011 1045 Views 0 comment Print

Hero Honda Motors Ltd. Vs. DCIT (ITAT Delhi)- In our considered opinion, the stand taken by the assessee at the time of filing of return of income was a possible and plausible view and therefore, the penalty is not justified. The judgement of Honourable Apex Court rendered in the case of CIT v. Reliance Petroproducts Ltd. reported in 327 ITR 158 also supports the case of the assessee because in that case, it was held by Hon’ble Apex Court that mere making of a claim by itself will not amount to furnishing of inaccurate particulars regarding the income of the assessee and such a claim made in the return of income cannot amount to concealment of income or furnishing of inaccurate particulars of income unless it is found that any details supplied by the assessee in this return were found to be incorrect or erroneous or false. In our considered opinion, this judgement of Honourable Apex Court supports the case of the assessee in the present case and respectfully following this judgement, we delete the penalty.

When the assessee carries out jobwork as a sub-contract to make article marketable, it is entitled to claim Sec 80HH benefits

August 15, 2011 1875 Views 0 comment Print

M/s Sundaram Fasteners Ltd Vs CIT (Madras High Court)- As far as placing reliance on the decision of the Apex Court in the case of Pandian Chemicals Ltd. Vs. Commissioner of Income Tax) reported in [2003] 262 ITR 278 is concerned, we do not find, the said decision, in any manner, goes against the case of the assessee. The Unit at Krishnapuram is stated to be the only unit having hot forging machine. It is stated that the assessee, based at Krishnapuram, received bolts and nuts from Padi, manufactured using cold forging. The Krishnapuram unit completes hot forging and after the process comes to Padi where there is further value addition and after assembling nuts and bolts, they are marketed.

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