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Archive: 2011

Posts in 2011

Compounding of offence is impermissible after the filing of the complaint, or where the person has already been convicted by a competent court

August 9, 2011 1591 Views 0 comment Print

Anil Batra Vs CCIT (Delhi High Court)- Whether when assessee has already been convicted for two AYs and the complaint filed for the third year u/s 276B, any revision of the compounding guidelines and an intimation to the assessee in this regard would mean that compounding is allowable even after the complaint is filed?

Whether when the assessee is engaged in the travel business, income can be said to have accrued only after the customer boards for the cruise and departs or immediately after the ticket is booked?

August 9, 2011 1342 Views 0 comment Print

These three appeals being ITA No. 310/09, 1115/10 and 358/11 are preferred against the orders passed by Income Tax Appellate Tribunal („the Tribunal‟ for short) dated 22/08/08, 17/06/2009 and 16/07/2010 relating to assessment years 2003-04, 2005-06 and 2007- 08 respectively.

For the Purpose of sub-section 14(c) of s. 80-IB term ‘begins to manufacture or produce articles or things’ means the manufacture or production for the purpose of commerce and not for the purpose of testing

August 9, 2011 615 Views 0 comment Print

Teracom Ltd. Vs ACIT (Bombay High Court)- Tribunal has failed to appreciate that the term “begins to manufacture or produce articles or things” has been interpreted to mean the manufacture or production for the purpose of commerce and not for the purpose of testing.

B/F business loss , unabsorbed depreciation and loss incurred by a non-eligible unit shall not be adjusted while computing the profit eligible for relief u/s. 10A of the Income Tax Act

August 9, 2011 10955 Views 0 comment Print

CIT vs. Yokogawa India Ltd (Karnataka High Court)- The High Court had to consider two issues for AY 2001-02 & onwards: whether (i) the loss incurred by a non-eligible unit & (ii) the brought forward unabsorbed loss & unabsorbed depreciation of the eligible unit has to be set-off against the profits of the eligible unit before allowing deduction u/s 10A/ 10B.

Presence of a profit motive cannot lead to a conclusion that the transaction has been entered into as an adventure in the nature of trade ; Profit on Sale of TDR held as Capital Gain

August 9, 2011 1252 Views 0 comment Print

ACIT Vs S.K.M. Construction Pvt. Ltd. (ITAT Mumbai)- Land which forms part of investment in balance sheets is capital asset and hence profit derived from it is taxable under the head capital gain. Mere presence of profit motive not enough to decide the head of income.

SEBI – Foreign investors who meet KYC requirement may invest in equity and debt schemes of Mutual Funds

August 9, 2011 2164 Views 0 comment Print

Investment by Foreign Investors in Mutual Fund Schemes. – Currently, only FIIs and sub-accounts registered with the SEBI and NRIs are allowed to invest in mutual fund schemes. To liberalise the portfoio investment route, it has been decided to permit SEBI registered Mutual Funds to accept subscriptions from foreign investors who meet the KYC requirements for equity schemes. This would enable Indian Mutual Funds to have direct access to foreign investors and widen the class of foreign investors in Indian equity market . Circular N0. CIR/ IMD /DF / 14 /2011, Date -August 9, 2011

Investment in the units of Domestic Mutual funds

August 9, 2011 730 Views 0 comment Print

Attention of Authorized Dealers Category – I (AD Category – I) banks is invited to Schedule 5 to the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000 notified vide Notification No. FEMA 20 / 2000 -RB dated May 3, 2000 as amended from time to time, in terms of which, a SEBI registered Foreign Institutional Investor (FII) and Non Resident Indian (NRI) may purchase, on repatriation basis, units of domestic Mutual Funds (MFs), subject to such terms and conditions mentioned therein and limits as prescribed for the same by the Reserve Bank and the Securities and Exchange Board of India (SEBI), from time to time.

MVAT- Delegation of powers under section 64 (36) and (4) to Deputy Commissioner of Sales Tax , Mum-VAT-E-610

August 9, 2011 1548 Views 0 comment Print

In exercise of the powers conferred by sub-section (6) of section 10 of the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005), the Commissioner of Sales Tax, Maharashtra State, Mumbai, is hereby pleased to delegate the powers and duties under sub-sections (3) and (4) of section 64 of the Maharashtra Value Added Tax Act, 2002 and rule 69 of the Maharashtra Value Added Tax Rules, 2005 to the Deputy Commissioner of Sales Tax, MUM-VAT-E-610 for the period during which such authority continue to hold such post.

Fm confident of Applicability of Direct Tax Code from 1st April 2012

August 8, 2011 2353 Views 0 comment Print

Union Finance Minister has said that there would be no difficulty to bring Direct Tax Code, DTC into operation from 1st of April next year. Mr. Pranab Mukherjee expressed hope that the Parliamentary Standing Committee will submit its report by Winter Session of Parliament. Speaking at a function in New Delhi, the minister said, since the Bill is still with the Standing Committee, stakeholders have time to give their views.

Companies Bill 2011 under finalization and will enable shareholders to file ‘class action suits’ in case of fraud

August 8, 2011 946 Views 0 comment Print

The Minister of State in the Ministry of Corporate Affairs today informed the Rajya Sabha that the Companies Bill 2011 is under finalization based on recommendations of the Parliamentary Standing Committee on Finance and inputs received from all relevant interest groups.

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