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Archive: 13 February 2012

Posts in 13 February 2012

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 16, 2024 3720 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 3417 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!

Share loss to be first set-off to determine what Gross Total Income consists of under explanation to section 73

February 13, 2012 2580 Views 0 comment Print

CIT vs. Darshan Securities Pvt. Ltd (Bombay High Court)- During the assessment year, the assessee returned an Income of Rs.2,25,04,588 from service charges. The assessee had a loss of Rs.02,23,32,127 in share trading. The assessee had a dividend income of Rs.4,79,325/­. The assessee claimed that in computing the gross total income for the purpose of the explanation to Section 73, the income from service charges had to be adjusted against the loss in share trading.

Home Loan interest Exemption limit may be raised to Rs 3 lakh

February 13, 2012 1811 Views 0 comment Print

Government is contemplating to enhance income tax exemption for up to Rs 3 lakh paid as interest on housing loans in a year, from the existing limit of Rs 1.5 lakh. The Budget is scheduled to be tabled on March 16.

Reopening Notice u/s 147 issued within Limitation Period but served after Limitation Period is valid

February 13, 2012 1388 Views 0 comment Print

Section 149 of the 1961 Act, which provides the period limitation, categorically provides that no notice under Section 148 shall be issued after the period prescribed has lapsed. Once a notice is issued within the period of limitation, jurisdiction becomes vested in the Assessing Officer to proceed to reassess.

No Capital Gain on transfer of FSI credit by way of TDR if cost could not be ascertained

February 13, 2012 4292 Views 0 comment Print

ACIT vs. Ishverlal Manmohandas Kanakia (ITAT Mumbai) – The issue raised by the Assessee is that while computing capital gain cost of improvement should also be capable of being determined. The dispute in the case decided by Tribunal in the case of Jethalal D.Mehtha (supra) and Maheshwar Prasad-2 CHS Ltd. (supra) was while computing capital gain cost of acquisition of the capital asset was not capable of determination.

S. 28(va)(a) – Amount received for “not carrying out any activity in relation to any business” taxable only from A.Y. 2003-04

February 13, 2012 11268 Views 0 comment Print

The sum in question was not paid for transfer of any intangible right in respect of manufacture, production or process of cement. The provisions relating to capital gains are therefore not attracted. The amount was paid for ‘not carrying out any activity in relation to any business’ and would fall within the ambit of Sec.28(va)(a) of the Act. The payment in question clearly falls under the category of a payment for ‘not carrying out any activity in relation to any business’ which at the relevant point of time of accrual in the hands of B.V.Raju, viz., 27.10.1999, was a capital receipt not chargeable to tax.

Submission of Credit Information to CICs – Dissemination of Credit Information of suit-filed accounts

February 13, 2012 754 Views 0 comment Print

Submission of Credit Information to Credit Information Companies – Defaulters of Rs. 1 crore and above and Willful Defaulters of Rs. 25 lakhs and above- Dissemination of Credit information of suit-filed accounts

Regarding time bound Customs clearance of Cargo from Ports/Land Customs Stations/Air Cargo Complexes, CFSs/ICDs

February 13, 2012 793 Views 0 comment Print

Kind attention is invited to Board’s instructions issued from F.No. 450/82/95-Cus.IV,dated 7th July, 1997, Member (Customs)’s D.O. letter F.No. 450/82/99-Cus.IV, dated 2nd June, 2001 and Circular No.42/2001 dated 31st July, 2001 for time bound Customs clearance and to avoid detention of Cargo from Ports/Land Customs Stations/Air Cargo Complexes, CFSs /ICDs. These instructions, inter-alia, have laid emphasis on measures to avoid unnecessary demurrages and difficulties to importers. These instructions have been issued after taking due note of directions of Hon’ble Supreme Court.

ICAI empanelment of exam observers for May-June 2012

February 13, 2012 2154 Views 0 comment Print

13th February, 2012 The Institute intends to draw a Panel from amongst its Members for acting as Observer at the examination centres in various cities during the Chartered Accountants Examinations to be held from 2nd – 17th May, 2012 and the Common Proficiency Test (Paper-Pencil Mode) to be held on 17th June, 2012 (Sunday). Members who are interested to act as Observer at the examination centres during the examination days may download the attached Empanelment Form and e-mail the same to: examcoob@icai.in on or before 1st March, 2012.

Inauguration of New Office Buildings in Durgapur and Kolkata by Finance Minister

February 13, 2012 919 Views 0 comment Print

Inauguration of New Office Buildings ‘Aayakar Bhawan Annexe’, Durgapur and ‘Aayakar Bhawan Poorva’ Kolkata by Shri Pranab Mukherjee, Honorable Finance Minister, Govt. of India on 13.01.2012 and 14.01.2012. Shri Pranab Mukherjee, Honorable Finance Minister, Govt. of India inaugurated the new Office Building ‘Aayakar Bhawan Annexe’ at Durgapur, West Bengal on 13.01.2012 in the august presence of Shri S. C. Jaini, Member, CBDT and Shri D. C. Pant, Chief Commissioner of Income Tax (CCA), West Bengal. Other senior officers of the department and of local administration,

RBI raises Bank Rate as a Technical Adjustment

February 13, 2012 1301 Views 0 comment Print

The Reserve Bank of India has decided to change the Bank Rate with immediate effect by realigning it with the Marginal Standing Facility (MSF) rate, which in turn is linked to the policy repo rate under the Liquidity Adjustment Facility (LAF). Accordingly, the Bank Rate shall be 9.5 per cent with effect from the close of business today. This should be viewed and understood as one-time technical adjustment to align the Bank Rate with the MSF rate rather than a change in the monetary policy stance. Henceforth, whenever there is an adjustment of the MSF rate, the Reserve Bank will consider and align the Bank Rate with the revised MSF rate. All penal interest rates on shortfall in reserve requirements, which are specifically linked to the Bank Rate, also stand revised.

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