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Archive: January, 2012

Posts in January, 2012

Pranab, Khurshid meet over Vodafone tax ruling issue

January 22, 2012 1585 Views 0 comment Print

Government went into a huddle following a far-reaching Supreme Court judgement in the Vodafone case having revenue implications of about Rs 11,000 crore.Immediately after pronouncement of the SC ruling, Finance Minister Pranab Mukherjee and Law Minister Salman Khurshid held consultations on the issue. Cabinet Secretary Ajit Kumar Seth too called on the Finance Minister.

Rajini Power – Rajinikanth website really runs without internet

January 22, 2012 4009 Views 0 comment Print

It may sound like another Rajinikanth joke, but a new website dedicated to the superstar runs ‘without an internet connection’! Visitors to www.allaboutrajni.com are greeted with a warning that ‘He is no ordinary man, this is no ordinary website. It runs on Rajini Power’ and are advised to switch off their internet connection to enter the website.

If assessee failes to furnish the complete facts relating to the claim before the Assessing Officer then penalty u/s. 271(1)(c) can be imposed

January 22, 2012 1603 Views 0 comment Print

Kanchenjunga Advertising P. Ltd. Vs. CIT (Delhi HC)- It is a well settled position that assessment proceedings and penalty proceedings are different in nature and that the findings given in the assessment proceedings, though may constitute good evidence, cannot constitute conclusive evidence for the purposes of levying penalty. (please see CIT Vs. Anwar Ali (1970) 76 ITR 696, CIT v. Khoday Eswarsa and Sons ( 1970) 83 ITR 369, and Anantharam Veerasinghaiam & Co. Vs. CIT (1980)123 ITR 457).

Unlawful interference of Caste Panchayats etc. with marriages in the name of honour – Law Commission Report

January 22, 2012 1634 Views 0 comment Print

The present (19th) Law Commission (2009-12) has prepared and forwarded the following Consultation Paper and Reports to the Government of India: • Consultation Paper titled ‘Unlawful interference of Caste Panchayats etc. with marriages in the name of honour: A suggested legislative framework’ to elicit the views from all concerned; • The 237th Report on ‘Compounding of (IPC) Offences’; and • The 238th Report on ‘Amendment of Section 89 of the Code of Civil Procedure, 1908 and Allied Provisions’.

Procedure for registration of Digital Signature Certificate and upload of Income Tax Return

January 22, 2012 39704 Views 9 comments Print

I am trying to file Income Tax return (ITR 6) of a company. Do I have to use a Digital Signature? Is this mandatory only for domestic companies- are there any exceptions? What type of Digital signature should I use? Should the Digital Signature (DSC) be in the name of the Company or the Director? Do I have to register the DSC prior to uploading the ITR of the Company?

Vodafone wins $2.50 billion tax case tax case in Supreme Court

January 20, 2012 8092 Views 0 comment Print

In a 2.5 billion dollar sigh of relief for Vodafone, and for other companies eyeing assets in India, the Supreme Court has ruled in favour of Vodafone. The court has said that the Indian tax department cannot tax the transaction that saw Vodafone acquire 67 per cent stake in Hutchison Essar, a mobile phone operator in India in 2007. The deal was for 55,000 crores or $11.5 billion.

Section 271(1)(c) – CA’s Opinion Does Not Make Claim Bona Fide

January 20, 2012 2603 Views 0 comment Print

Chadha Sugars Pvt. Ltd Vs. ACIT (ITAT Delhi) – The facts are that the assessee claimed an expenditure of Rs. 7,80,500/-, being the fees paid to Registrar of Companies for raising authorized capital. It is the admitted position of law that the expenditure is not revenue in nature and, therefore, it is not deductible in computing the total income. It is also the admitted fact that two decisions of the Supreme Court, adverse to the assessee, held field when the return was filed.

No penalty can be levied if there is a reasonable cause for not quoting of PAN numbers in e-TDS return

January 20, 2012 1874 Views 0 comment Print

ITO, TDS-II Vs The Thane Janata Sahakari Bank Ltd. (ITAT) – The short controversy is that the assessee did not quote PAN number in TDS ereturn while uploading the e-returns. In our opinion, it is a reasonable cause. What we find that as admittedly the new system of filing e-TDS-returns is introduced. Being a new system, having a some problems with software and for that the assesse bank can not be held responsible. No where is denied by the A.O. that as claimed by the Assesse, there system error. In our opinion, it is a reasonable cause for not quoting PAN numbers in e-return of TDS. We further find that the assessee thereafter immediately filed the revised TDS ereturn and also have furnished Form no.60. n our opinion, there is a reasonable cause on the part of the assessee for not quoting the PAN numbers in e-TDS return and no penalty is leviable. Accordingly, all the grounds in the revenue’s appeal are dismissed and the cross objection filed by the assesse is allowed and we delete the penalty sustained by the Ld. CIT (A).

Suresh Kalmadi gets bail

January 20, 2012 789 Views 0 comment Print

Suresh Kalmadi on Thursday walked out of Tihar Jail after being lodged there for nearly nine months with the Delhi High Court granting bail to him in a 2010 Games-related graft case. 67-year-old Kalmadi, who was arrested on April 25 last year, left through Jail No.4 in the evening without talking to the media hours after the High Court granted him bail.

SEBI – Call auction in pre-open session for Initial Public Offering (IPO) and other category of scrips – Circular No. MRD/DP/ 01/2012, Dated 20-01-2012

January 20, 2012 1677 Views 0 comment Print

CIRCULAR No. MRD/DP/ 01/2012, dated 20-1-2012 -SEBI, vide circular no. CIR/MRD/DP/21/2010, dated July 15, 2010, introduced Call Auction in Pre-open session (hereinafter referred to as “pre-open session”) for the scrips forming part of Sensex and Nifty. Further, SEBI, vide circular no. CIR/MRD/DP/32/2010, dated September 17, 2010 and vide letter dated September 17, 2010 provided clarification with regard to order matching and order level risk management.

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