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Archive: 2011

Posts in 2011

Government allows Rebate of excise duty on export of goods to Nepal under ARE-1 Procedure w.e.f. 1st March 2012

December 5, 2011 3116 Views 0 comment Print

Notification No. 19/2004-CENT dated 04.09.2004 prescribes the procedure for granting of rebate for goods exported to countries other than Nepal. Now this Notification will apply to exports to Nepal too. Notification No. 24/2011-Central Excise (N.T.), New Delhi, the 5th December,2011

Bhutan exempt from export ban by India on Milk Powder, Wheat, Edible Oils, Pulses & Non Basmati Rice

December 5, 2011 972 Views 0 comment Print

In exercise of powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No. 22 of 1992) read with paragraph 2.1 of the Foreign Trade Policy, 2009-2014, as amended from time to time, the Central Government hereby exempts the following items to Bhutan from any export ban, with the annual limits indicated against each:

Be Courteous to Public and Legislators – Government Directs Babus

December 5, 2011 679 Views 0 comment Print

The Members of Parliament and State Legislatures as the accredited representatives of the people occupy a very Important place in our democratic set-up. In connection with their duties, they often find it necessary to seek information from the Ministries/Departments of the Government of India or the State Governments, or make suggestions for their consideration or ask for interviews with the officers. Certain well-recognized principles and conventions to govern the relations between the Members of Parliament / State Legislatures and Government servants have already been established.

Amendment to MVAT Rules, 2005 (6th AMD)-Submission of Details of Sales and Purchases

December 5, 2011 1727 Views 0 comment Print

Whereas the Government of Maharashtra is satisfied that circumstances exist which render it necessary to take immediate action further to amend the Maharashtra Value Added Tax Rules, 2005 and to dispense with the condition of previous publicatioy thereof under the proviso to sub-section (4) of section 83 of the– Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005) ;

Property belong to the HUF should be distributed between the Coparcener equally

December 5, 2011 3740 Views 0 comment Print

Suit CS (OS) No. 985/2002 has been filed by Shri Rajender Shanker against his brother Shri Devendra Shanker seeking partition of the estate of their father late Shri Damodar Dass Mathur alleged to be comprising of house No.104, Jor Bagh, New Delhi, investments in FDRs, Units, Shares, jewellery, goods etc. it is alleged in the plaint that late Shri Damodar Dass Mathur died intestate on 7th February, 1995 leaving the plaintiff and the defendant as his class I legal heirs.

A view on deductibility of TDS on service tax and other expenses included in Bill amount

December 5, 2011 16590 Views 0 comment Print

There are 18 Sections in Income Tax Act, 1961 that provides for Deduction of Tax at Source. Out of these 18, only 3 sections [194C, 194J and 194L] use that phrase “on income comprised therein”. Further these words appear at the end of the taxing provision and naturally can not be ignored. All the other 15 do not contain this phrase.

Section 80CCD Deduction – Contribution to New Pension Scheme

December 5, 2011 197022 Views 71 comments Print

Where an assessee, being an individual employed by the Central Government on or after the 1st day of January, 2004, has in the previous year paid or deposited any amount in his account under a pension scheme as notified vide Notification No. F.N. 5/7/2003-ECB & PR, dated 22-12- 2003, he shall be allowed a deduction in the computation of his total income, of the whole of the amount so paid or deposited as does not exceed ten per cent of his salary in the previous year.

Companies Bill, 2011 Cleared by Union Cabinet

December 4, 2011 3140 Views 0 comment Print

The Union Cabinet on Thursday cleared the Companies Bill, 2011 and decided to take up the Bill in the Winter Session itself for approval by Parliament. Once approved by Parliament, it will replace half-a-century-old Companies Act. The Cabinet has cleared Companies Bill, 2011. It is likely to be tabled (for consideration and passage) in the ongoing Winter Session, a Corporate Affairs Ministry official said after the Cabinet meeting.

ITAT President has no authority to record the Annual Confidential Reports (ACRs) of the Members – HC

December 4, 2011 897 Views 0 comment Print

Uttam Bir Singh Bedi vs. UOI (Madras High Court) – The ITAT is a judicial body and under the provisions of Sections 252 and 255 of the Income-tax Act, statutory powers are conferred on the President, including delegation of powers to the Senior Vice President or the Vice President. The President exercises administrative control over the Benches. But, no provision of the Income-tax Act or for that matter the Income Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963 confer any power on the President to write the ACRs of the Members.

Waiver of principal amount of working capital loan not a capital receipt; Amount waived off taxable as deemed business profit u/s 41(1)

December 4, 2011 8312 Views 0 comment Print

The assessee, Rollatainers Ltd was declared as a sick company by Board for Industrial Financial Reconstruction (BIFR) due to poor financial position and erosion of entire net worth. Pursuant to Restructuring Package as approved by Corporate Restructuring Cell, the bank waived off the interest and principal amount of working capital loan granted in the form of ‘Cash Credit’ to the assessee. The assessee treated the waiver of principal amount of loan as capital receipt and hence argued that the same was not taxable. A division bench of Delhi HC, rejecting assessee’s contention, ruled that waiver of principal amount of working capital loan in the form of Cash Credit was ‘revenue’ in nature.

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