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Archive: 08 January 2012

Posts in 08 January 2012

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 16, 2024 3849 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 14, 2024 3495 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

Royalty payment approved by RBI under FERA, 1973 considered adequate approval as per Industrial policy of the Government of India

January 8, 2012 1906 Views 0 comment Print

ADIT(IT) Vs Aditya Vikram Global House Ltd. (ITAT Mumbai)- Royalty payment pursuant to a technical collaboration agreement in accordance with the Industrial policy of the Government of India, is exempt in the hands of the foreign company under clause (a) of Section 10(6A) of the Income tax Act, 1961. The Tribunal also held that approval of the Reserve Bank of India is sufficient confirmation that the technical collaboration agreement is in accordance with the Industrial Policy.

Outsourcing no legal bar to section 10B exemption

January 8, 2012 1155 Views 0 comment Print

Taurus Merchandising Pvt. Ltd. v. ITO (ITAT Delhi)- It was held that the new export-oriented unit of the assessee cannot be said to be formed by the reconstruction or splitting of a business already in existence. The Tribunal has also held that it is not necessary for the assessee to produce its products so as to become eligible for claiming exemption under section 10B of the Income-tax Act, 1961 (the Act).

Non-prospecting related expenditure incurred prior to commencement of mining is deductible u/s. 37 of the Income-tax Act

January 8, 2012 2030 Views 0 comment Print

De Beers India Prospecting Pvt.Ltd Vs. Income Tax Officer (ITAT Mumbai) – it was held that prospecting and examining are important activities to undertake mining. Accordingly, it can be concluded that the taxpayer had commenced its business from the time it started the prospecting activity and therefore, non-prospecting related expenditure is deductible under Section 37 of the Income-tax Act, 1961 (the Act) even though it was incurred prior to commencement of mining.

Non-compete fees accrues on the appointed date of the Scheme and not in the year of approval

January 8, 2012 1078 Views 0 comment Print

DCIT Vs. J.K. Investo Trade (India) Ltd. (ITAT Mumbai)- Issue before the Tribunal was that Whether non-compete fees payable pursuant to a joint venture agreement for transfer of manufacturing division, through a Scheme of arrangement, which is sanctioned by the High Court is taxable in the year of Appointed Date or Year of sanction of the Scheme or on receipt?

Company Secretaries (Amendment) Act, 2011- (No. 4 of 2012)

January 8, 2012 2084 Views 0 comment Print

An Act further to amend the Company Secretaries Act, 1980. Be it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:— Short title and commencement. 1. (1) This Act may be called the Company Secretaries (Amendment) Act, 2011.

Excise Department superintendent and middleman sent to CBI custody for 3 more days

January 8, 2012 2323 Views 0 comment Print

A Delhi court today allowed the CBI to interrogate for three more days in custody a Central Excise Department superintendent and an alleged middleman, arrested in connection with receiving around Rs 40 lakh as bribe for not taking action against two businessmen. Special judge Talwant Singh extended the CBI custody of superintendent Lallan Ojha and alleged middleman Hemant Gandhi after they were produced before him.

FM meets CBDT, CBEC offcials and asks to focus on collection of arrears to maximise the revenue collection

January 8, 2012 1180 Views 0 comment Print

Finance Minister Pranab Mukherjee held discussions on ways to step up revenue collection for 2011-12 with top officials of Central Board of Excise and Customs (CBEC) and Central Board of Direct Taxes (CBDT) in Chennai. An official release said the meeting discussed steps for augmentation for revenue in the remaining part of the financial year.

Sanction of CIT instead of JCIT renders reopening u/s. 147 of Income Tax Act invalid

January 8, 2012 7115 Views 0 comment Print

CIT vs. SPL’s Siddhartha Ltd (Delhi High Court) – The argument of the assessee before the Tribunal was that the approval was not granted by the Joint Commissioner for reopening U/s. 147. Instead, it was taken from the CIT, Delhi-III, New Delhi, who was not competent to approve even when he was a higher Authority inasmuch as Section 151 of the Act specifically mentions Joint Commissioner as the Competent Authority. This contention of the respondent-assessee has been accepted by the Tribunal thereby quashing the assessment proceedings. The contention of the Revenue that it was merely an irregularity committed by the AO and was rectifiable under Section 292B of the Act, has not been found convincing by the Tribunal. Where the Assessing Officer does not himself exercise his jurisdiction under Section 147 but merely acts at the behest of any superior authority, it must be held that assumption of jurisdiction was bad for non-satisfaction of the condition precedent.

PwC fined £1.4 million by regulators

January 8, 2012 1129 Views 0 comment Print

PricewaterhouseCoopers (PwC) has been fined £1.4 million by regulators, after it signed off a report containing serious rule-breaking client money practices at JP Morgan Chase – the result of a major IT switchover that failed to keep pace with changed business processes. The Accountancy and Actuarial Discipline Board (AADB) issued the fine as it ruled that PwC wrongly reported over a seven year period that JP Morgan had maintained the right systems to correctly separate clients’ money from its own.

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