The Lakshmi Vilas Bank Ltd Vs Addl.CIT, Tiruchirapalli (ITAT Chennai) -Where the AO has considered all the points, on the basis of which the CIT initiated proceedings u/s 263, following the decision of the ITAT and High Court in the case of the assessee itself, proceedings initiated u/s 263 are not valid as it is not prejudicial to the interests of the Revenue.
Turnkey contracts can be vivisected and discernible service elements involved therein can be segregated and classifiable as well as valued for levy of service tax under Finance Act, 1994 provided such services are taxable services as defined by that Act and depending on the facts and circumstance of each case, services by way of advice, consultancy or technical assistance in the case of turnkey contract shall attract service tax liability.
Recently ITAT Mumbai held that in the case of Chiranjeev Lal Khanna v. ITO held that considering the facts of the case and clauses in the agreement, the taxpayer has transferred land and building to the developer would be chargeable to tax as capital gains. Accordingly, Section 50C of the Income-tax Act, 196 1(the Act) would be applicable.
A gift of immovable property made by a Muslim is valid even if it is not registered under the Transfer of Property Act or the Stamps and Registration Act, the Supreme Court today ruled. The apex court said though the TP Act mandates registration of a gift, the same would not apply to a Muslim donor as the community has been exempted from the provision.
CIT v Steinle Machine Fabric India – The Circular is specific that in group cases also, each single case must be taken up individually to decide the monetary limits. It appears that these instructions were issued to avoid unnecessary litigation and also litigation where the tax effect was much less and it waste time and money recovering small amounts but we hasten to add that dismissal of such appeals on the ground that the tax effect is low does not mean that we have given any decision on merits nor have we decided such questions of law. These questions can be decided in appropriate proceedings where the tax effect is more than the limit prescribed in the circular.
The ‘Industrial Loan’ is required for an industry which is a social activity generating employment for the masses (direct as well as indirect), generation of public revenue by way of taxation for meeting public expenses through the government, making available goods indigenously and thus saving valuable foreign exchange, creating possibilities for export and thus earning valuable foreign exchange, creating wealth to improve standard of living of the citizens etc. Thus the ‘Industrial Loan’ is an object and purpose oriented loan for creating an activity for the benefit of the public. In this context, the PAYMENT OF INTEREST AND REPAYMENT OF SAID ‘INDUSTRIAL LOAN’ IS PRIMARILY, WHOLLY AND SOLELY OUT OF EARNINGS OF THE SAID INDUSTRY. In fact all the project reports and appraisal reports prepared by the banks/financial institutions show only this mode of repayment of industrial loan as well as interest. In a running unit, all the transactions ultimately leave only the net profit in the hands of the Company. Average net profit in the business is 2% to 4% of the turnover. Out of this if the Company reserves half, the balance half i.e. 1% to 2% is only available which the Company can use the way it likes say for keeping reserves for business risks, security and safety of key persons etc.
Indian economic success is being looked at with awe in Emerging markets like Latin America which are integral to India’s strategy for inclusive growth. To reduce dependence on traditional markets like the US and Europe, Indian exporters have started exploring new markets like Latin America, Asia and Africa. The government has introduced incentives for exporters to diversify and boost their trade with emerging markets like Latin America and Caribbean region (LAC). The Focus LAC programme, aimed at enhancing India’s trade with LAC region has been extended up to March 2014. The ICWAI professionals can contribute immensely in merchandise export by reporting and controlling the costs and advising the Management of profitable products/services utilizing the scarce resources.
If Asia has to reach the level of an affluent region, achieving broad-based, inclusive and sustained growth would be a paramount necessity. Inclusive growth is critical for a sustained assault on poverty and for containing inequality. If we fail to achieve inclusive growth, we will end up with islands of prosperity within a largely poor Asia. Equally, important is the quality of growth. Asian countries should aim to transform their economies into knowledge- and skill-based economies over the next 40 years to ensure high sustained growth.
COMPANY SECRETARIES EXAMINATIONS – DECEMBER 2010 – THE ROLL NUMBERS OF THE CANDIDATES WHO HAVE PASSED THE foundation programme, executive programme, professional programme (new syllabus) and final (old syllabus) EXAMINATIONS OF The COMPANY SECRETARIES HELD IN December, 2010 are available on the website of the institute.
CBI has registered a case U/S 8 of Prevention of Corruption Act against an official of Registrar, Firms & Societies, Punjab on the basis of a complaint received from Secretary of an Association alleging demand of bribe of Rs.1.5 crore by the official, of Registrar, Firms & Societies, Punjab, Sector 17, Chandigarh for closing the complaint against the Association without any action. The accused also threatened that in case of non-payment of the bribe amount, control of the Association shall be taken over by the Government and a criminal case will be registered against the office bearers of the Association. The accused official also allegedly told the complainant that he has approached a Minister in Punjab Cabinet through Chief Parliamentary Secretary for closing the complaint. He said that initially an amount of Rs.2 crore was demanded for settling this matter but, however, he has been able to reduce it to Rs.1.5 crore. The accused official also allegedly told that the bribe amount has to be delivered at the residence of Chief Parliamentary Secretary.
