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Archive: 2011

Posts in 2011

Inter-Ministerial Committee to Look into the Issue of Misleading Advertisements

November 20, 2011 1342 Views 0 comment Print

In view of large number of consumer complaints, the Government is considering setting up an inter-ministerial committee to look at ways and means to check false and misleading advertisements effectively. This was stated by PROF. K.V. THOMAS while delivering key note address at conference on ‘Strengthening Self Regulation of Advertising Content’ organized by the Advertising […]

Court should not compel Government to make appointments to post of ITAT Member from wait-listed candidates – SC

November 20, 2011 2140 Views 0 comment Print

Union of India & ANR. Vs. Pradip Kumar Kedia Etc. (Supreme Court)- The wait list of candidates recommended by the Selection Board, has not been given effect to. Under sub-rule (3) of Rule 4 of the Rules, the Central Government after taking into consideration the recommendations of the Selection Board make a list of persons selected for appointment as members.

Get Income Tax Refund by making application under RTI Act

November 20, 2011 11461 Views 0 comment Print

If your refunds, rectifications, other matters like not getting orders to give effect to the Appellate orders, etc. are pending since long, reminders not bringing any results, you may make application under the RTI Act to the Commissioner of Income-tax (CIT), under whose jurisdiction you are assessed to tax. The CIT has to dispose your application within thirty days of the receipt of the request (S. 7 of the RTI Act). In other words, normally you will get your work done within these 30 days; i.e., Assessing Officer will send the required orders like intimations, orders u/s. 154, etc. with refunds, etc. and the CIT then will reply to your application within 30 days, stating that your application has been attended and you must have received the refund orders, etc. At times, there may be delay in getting some refunds as in my case, but you will get them ultimately.

ACIT Vs Modi Revlon Pvt Ltd (ITAT Delhi)

November 20, 2011 1218 Views 0 comment Print

ACIT Vs Modi Revlon Pvt Ltd (ITAT Delhi) – When non-resident technology partner does not pass on proprietary right to assessee on transfer of knowhow, the royalty paid by the assessee under a knowhow transfer agreement is revenue expenditure

Commission/bonus paid to the Directors of the assessee company for business expediency would not fall under section 36(1)(ii)

November 20, 2011 21977 Views 0 comment Print

DCIT Vs. M/s CMR Design Automation Pvt Ltd (ITAT Delhi)- Assessee was paying Shri Mahesh Chandra as share holder a sum of Rs. 25 lacs per annum as salary. This compared very favourably with the salary being disbursed in the industry in which the assessee was placed. Moreover, all disbursements to Sh. Mahesh Chandra was cleared by Board Resolutions. The profit of the assessee company has also arisen phenomenally during the year. In other words, commission and bonus paid to Sh. Mahesh Chandra was an incentive, which was directly related to the profitability of the company.

ICAI asks questions on topics excluded from syllabus in question paper of Taxation, PCE Nov-2011

November 20, 2011 2610 Views 0 comment Print

t is allged by few students that ICAI has asked question from the topics which were excluded by it from syllabus for November 2011 examinations by two separate Announcement published on its website. The allegation were made by students of November 2011 PCE examination in respect of Taxation paper. We have also received an email from one such students in which he explained the discrepancy and requested ICAI to do the needful. He also mailed his mail to ICAI officials. Text of the email is given as under. We are not publishing here the name of student to protect the identity.

If secured assets have been wrongfully transferred, an order for return of such assets can be passed by DRT

November 20, 2011 912 Views 0 comment Print

(1) The main enforcing provision is Section 13 in Chapter III of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter called the Act). Section 13 provides that a secured creditor may enforce any security interest without intervention of the court or Tribunal irrespective of Section 69 or Section 69A of the Transfer of Property Act where according to sub-section (2) of Section 13, the borrower is a defaulter in repayment of the secured debt or any installment of repayment and further the debt standing against him has been classified as a non-performing asset by the secured creditor.

MCA requests to Expedite Filing Of Annual Return And Balance Sheet

November 20, 2011 546 Views 0 comment Print

To Avoid Last Minute Rush And System Congestion In MCA21 Towards End Of November 2011, Kindly Expedite Filing Of Annual Return And Balance Sheet Without Waiting For The Last Days Of The Month. During This Period, Roc Facilitation Centers/ Help Desks Would Give Priority In Efiling/ Answering Queries Of Companies For Filing Balance Sheet And Annual Return. The Companies Required To File Xbrl Documents May Also Do So At The Earliest.

SC admits plea for allowing tax exemption on the expenses incurred for heart surgery

November 19, 2011 984 Views 0 comment Print

The Supreme Court on Monday admitted a special leave petition filed by former Union Law Minister and senior counsel Shanti Bhushan for treating his heart as a ‘plant’ for the purpose of granting him income tax wavier on expenses incurred on heart surgery.

Empanelment for Concurrent Audit of Canara HSBC Oriental Bank of Commerce Life Insurance Company Limited

November 19, 2011 5652 Views 0 comment Print

Canara HSBC Oriental Bank of Commerce Life Insurance Company Limited (“Company”) is carrying on life insurance business in India. Company intends to identify and engage a firm of Chartered Accountant to conduct Concurrent Audit of Investment transactions and related systems starting 1st April 2012 for which this RFP is being issued.

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