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Archive: 2011

Posts in 2011

Authorising EIC for issuing Certificate of Origin under India-Malaysia Comprehensive Economic Cooperation Agreement (IMCECA)

June 30, 2011 1290 Views 1 comment Print

Public Notice No. 58 /2009-2014 (RE-2010), The 30th June, 2011 EIC would also be the authorised agency to issue Certificate of Origin under India-Malaysia Comprehensive Economic Cooperation Agreement (IMCECA), with effect from 1st July 2011.

AIR Related scrutiny assessments should be limited to info in AIR

June 30, 2011 7867 Views 0 comment Print

The above mentioned guidelines have been reconsidered by the Board and it has been decided that the scrutiny of such cases would be limited only to the aspects of information received through AIR. However, a case may be taken up for wider scrutiny with the approval of the administrative Commissioner, where it is felt that apart from the AIR information there is a potential escapement of income more than Rs. 10 Lacs.

Gifts From HUF Exempt u/s 56(2)(v) as HUF is a Gorup of relatives – ITAT Rajkot

June 30, 2011 9152 Views 0 comment Print

Vineetkumar Raghavjibhai Bhalodia vs. ITO (ITAT Rajkot)- HUF is a relative inasmuch as HUF is a collective name given to group consisting of individuals, all of whom are relatives under Explanation to Proviso to section 56(2) of the Act. The ld.AR submitted that the term individual would include a group of individuals, hence, an HUF would be covered by the term individual.

Madras HC stays Registration of Lawyers For Service Tax

June 30, 2011 2280 Views 0 comment Print

Madras High Court has stayed the Registration of Lawyers For Service Tax. The Court has passed an order of interim injunction dated 24.06.2011 restraining the Ministry of Finance from compelling the members of the Petitioner from registering themselves with the service tax authorities and collecting service-tax from them until further orders in response to writ petition filed by The Revenue Bar Association, Madras.

Land acquired in exchange of land owned by father of assessee-How to determine cost of acquisition

June 30, 2011 5705 Views 0 comment Print

Atul G. Puranik Vs. ITO (ITAT Mumbai) – Where the assessee acquired rights in plot in exchange of plot owned by his father, then the market value of the land so received on the date of acquisition will be the cost of acquisition of such land.

Assessee entitled to depreciation on assets which were in its possession and it cannot be denied merely on the ground that the registration formalities were pending

June 30, 2011 1777 Views 0 comment Print

Indian Railway Finance Corpn Ltd Vs Addl.CIT (ITAT Delhi) – Whether the lease equalisation charges which represented the recovery of fair value of leased assets are rightly added to the net income as per the profit and loss account while computing the book profits u/s 115JB – Whether the bond issue charges are revenue in nature – Whether the assessee is entitled to depreciation on the assets which were in its possession and it cannot be denied merely on the ground that the registration formalities were pending – Assessee’s appeal allowed.

If assessee accepts loan to meet certain business contingencies no penalty could be imposed under s 271D for violation of s 269SS

June 30, 2011 1367 Views 0 comment Print

CIT v Volpak Securities Ltd. (Gujrat High Court)- With respect to the portion of penalty, which the CIT [A] confirmed, the same was deleted by the Tribunal observing that the assessee was liable to make payment of Rs. 1,53,000/ on 23rd June 1997 in respect of mark-to-market settlement for which purpose Rs. 1,50,000/ was accepted from Shri Ashok Patel, Director in cash. However, since some funds were available in the books on that date, only Rs. 75,000/ was deposited in the Bank on 23rd June 1997 and the balance, after meeting certain other payments, was returned to the Director.

SEBI – Review of Internet Based Trading (IBT) and Securities trading using Wireless Technology (STWT)

June 30, 2011 1764 Views 0 comment Print

CIR/MRD/DP/ 8 /2011 June 30, 2011 Exchanges are advised to a) make necessary amendments to the relevant bye-laws, rules and regulations for the implementation of the above decision. b) bring the provisions of this circular to the notice of the member brokers/clearing members of the Exchange and also to disseminate the same on the website. c) communicate to SEBI, the status of the implementation of this circular in the Monthly Development Report.

2G scam – IT department quizzes A Raja's relatives

June 30, 2011 717 Views 0 comment Print

Relatives of jailed former Union minister A Raja including his wife and brother were today questioned by the Income Tax department. Raja’s wife Parameswari and his brother A Ramachandran besides two other relatives were quizzed at the regional I-T office for about three hours.

Over 120 central govt officials under CVC scanner

June 30, 2011 1270 Views 0 comment Print

Nearly 121 central government employees, including one from CBI, are under Central Vigilance Commission (CVC) scanner for their alleged involvement in corrupt practices. Railway ministry topped the list with 23 officials under CVC scanner, 17 are from DoT, 12 from Bureau of Indian Standards, seven from Central Board of Excise and Customs, six each from DDA and MCD among others, a CVC report said.

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