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Archive: January, 2012

Posts in January, 2012

Overview of Capital Gains

January 23, 2012 6678 Views 0 comment Print

Profits or gains arising from the transfer of a capital asset during the previous year are taxable as Capital Gains under section 45(1) of the Income Tax Act. The taxability of capital gains is in the year of transfer of the capital asset.

CBI Files Chargesheet against Addl. Commissioner Income Tax, ACIT and a Businessman in A Bribery Case Of Rs. Two Crore

January 23, 2012 3714 Views 0 comment Print

The Central Bureau of Investigation Mumbai has filed a chargesheet against an Additional Commissioner of Income Tax (an IRS Officer of 1992 Batch); her husband (a Chemical Engineer & a businessman of Mumbai) and an Asst. Commissioner of Income Tax in a bribery case of Rs.Two crores.

Overview of Income from House Property

January 23, 2012 9939 Views 0 comment Print

Under the Income Tax Act what is taxed under the head ‘Income from House Property’ is the inherent capacity of the property to earn income called the Annual Value of the property. The above is taxed in the hands of the owner of the property.

HC upholds decision to levy service tax on flat, shop construction

January 23, 2012 4940 Views 0 comment Print

In a decision that might have an impact on realty prices, the Bombay High Court has upheld the decision of the Union government to levy service tax on construction of flats and shops. A division bench held by Justice DY Chandrachud and Justice Amjad Sayed on Friday upheld the decision of the Centre to levy service tax, saying it was legal and constitutional.

Retrospective amendment no basis to reopen beyond 4 years – HC Disapproves AO’s Practice to Delay Passing Objection Orders

January 22, 2012 684 Views 0 comment Print

Doshion Ltd. Vs. ITo (Ahmedabad HC)- Having thus heard learned counsel for the parties and having perused the documents on record, it clearly emerges that the assessment previously framed after scrutiny is sought to be reopened beyond the period of 4 years from the end of relevant assessment year. In the reasons recorded, the Assessing Officer has not suggested that such income escaped assessment for the failure on the part of the assessee to disclose truly and fully all material facts. In fact the sole ground on which such scrutiny assessment is sought to be reopened beyond 4 years is that by virtue of Explanation to Section 80IA added with retrospective effect from 1.4.2000, income derived from the works contract would not qualify for deduction under Section 80IA of the Act.

Bank wants TDs limit to increase to Rs. 50000/-, should be allowed to float infrastructure bonds

January 22, 2012 2440 Views 0 comment Print

High-value term deposits in banks may not be subjected to tax deducted at source (TDS) if the finance ministry agrees to proposals made by banks on Thursday. In a pre-budget meeting with Finance Minister Pranab Mukherjee, bankers proposed that the limit on interest from deposits beyond which TDS is required to be deducted be increased from Rs 10,000 to Rs 50,000 considering the surge in volume of transactions and inflation over the last few years.

Allowance of Punitive charges paid to Railways for overloading of wagons?

January 22, 2012 5032 Views 0 comment Print

Taurian Iron & Steel Co. Pvt. Ltd. Vs. Ad. CIT (ITAT Mumbai)- In the case of Haji Aziz And Abdul Shakoor Brothers (supra) it was held that fine paid to the Custom Authorities was in fact penalty u/s 167 (8C) of the Customs Act. It was held by the Hon’ble Apex Court that such penalties which are incurred by an assessee in proceedings launched against him for an infraction of the law cannot be called commercial losses incurred by an assessee in carrying on his business. In the case of Rohit Pulp & Paper Industries (supra) the Deputy Collector of Customs had ordered confiscation of goods under section 111(d) of the Customs Act read with section 3 of the Imports and Exports (Control) Order.

Need for Appropriate Policy Instruments to Address Areas of Concern in the Economy – FM

January 22, 2012 786 Views 0 comment Print

The Union Finance Minister Shri Pranab Mukherjee has said that on account of the global impact, the Indian economy was facing areas of concern and to address them appropriate policy instruments were required. The Finance Minister Shri Mukherjee was addressing the First meeting of the Consultative Committee attached to his Ministry here yesterday during the inter session period of Parliament in the year 2012.

ICSI – Schedule for the year 2012 with regard to various Cut-Off Dates

January 22, 2012 1406 Views 0 comment Print

ICSI – Schedule for the year 2012 with regard to various Cut-Off Dates Particulars of  Cut-off Dates Actual  Cut-off Date Revised  Cut-off Date Reason for Extension Acceptance of Applications for Admission to Executive/ Professional  Programmes 28.02.2012 No Change   Receipt of Enrollment application for appearing in June,2012 examination 25.03.2012 26.03.2012 25th March  2012 being Sunday […]

Competition Advocacy is a Critical Function of Competition Agencies- Ashok Chawla, Chairman CCI

January 22, 2012 903 Views 0 comment Print

The Competition Commission of India (CCI) Chairman Shri Ashok Chawla has pointed out that competition advocacy is a critical function of competition agencies as it has a very important role to play in creating ‘competition culture’ in the economies. Addressing a one day long an international workshop organised yesterday in collaboration with Organisation for Economic Co-operation and Development (OECD) on the theme “Advocating for Competition in Policies and in Practice” here Shri Chawla said continuous engagement with the various stakeholders including the government, at various levels, using tools such as policy advice, education, market studies, and competition impact assessment are imperative towards achieving the objective of competition law and policy.

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