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Archive: 01 March 2012

Posts in 01 March 2012

S. 54F not require construction to complete within specified period

March 1, 2012 3114 Views 0 comment Print

If after making the entire payment, merely because a registered sale deed had not been executed and registered in favour of the assessee before the period stipulated, he cannot be denied the benefit of section 54F of the Act. Similarly, if he has invested the money in construction of a residential house, merely because the construction was not complete in all respects and it was not in a fit condition to be occupied within the period stipulated, that would not disentitle the assessee from claiming the benefit under section 54F of the Act.

Port services rendered even without authorization of port, Service Tax credit will be available

March 1, 2012 1206 Views 0 comment Print

In view of the decision taken by this Tribunal in the case of Ramdev Food Products Pvt. Ltd vide Order Nos. A/745-746/WZB/AHD/2011, dated 22-3-2011 [2011 (23) S.T.R. 475 (Tri. – Ahmd.)], that port services rendered even without authorization of port, Service Tax credit will be available, respondents are eligible for the Service “tax credit and the decision of the Commissioner (Appeals) has to be upheld.

s.254(2)- Rectification application can be moved within the period of four years from the date of Tribunal Order

March 1, 2012 387 Views 0 comment Print

The contention of the learned Sr.AR to the effect that the Revenue moved rectification application in the year 2011 i.e. after around 3 years from the date of passing of the Tribunal order u/s 254(1), belies the Revenue’s stand of such ground having been in fact taken, is without any force. When section 254(2) provides a period of limitation of four years from the date of passing of the order, it implies that any rectification application moved within this statutory period of four years requires consideration. As the instant application u/s.254(2) is well within the stipulated period, in our considered opinion, there is no justification in not accepting it.

Right to use software in respect of copyrights falls within mischief of royalty

March 1, 2012 1358 Views 0 comment Print

Transfer of right to use software/computer programme in respect of copyrights would fall within mischief of royalty – In both the cases, it was held that consideration paid by the Indian customers or end-users to the assessee-a foreign supplier, for transfer of the right to use the software/computer programme in respect of the copyrights falls within the mischief of royalty as defined under sub-clause [v] to Explanation 2 to Clause [vi] of section 9[1] of the Income-tax Acts 1961.

If quantum appeal is restored for fresh Consideration to CIT(A), then penalty order should also be restored back to the CIT(A)

March 1, 2012 933 Views 0 comment Print

It is observed that the ld. CIT(A) was of the view that since in the quantum appeal, the matter was set aside and sent back to the file of the ld. CIT(A) by the Hon’ble Tribunal vide its order dated 29.12.2010, the penalty order of the ld. AO dated 23.03.2010 will not survive. In fact, the Hon’ble Tribunal in the quantum appeal had restored the matter back to the file of the ld. CIT(A) for deciding the issue afresh. In such circumstances, we are of the considered view that the penalty order should be considered in the light of the quantum appeal decided by the ld. CIT(A). For this reason, we set aside the order of the ld. CIT(A) dated 13.09.2011 and restore the matter back to the file of the ld. CIT(A) to consider the penalty order of the ld. AO in the light of his findings in the quantum appeal.

SEBi issues Guidelines for Credit Rating Agencies

March 1, 2012 625 Views 0 comment Print

According to SEBI (Credit Rating Agencies) Regulations, 1996 (the Regulations), a credit rating agency (CRA) has been defined as a body corporate which is engaged in the business of rating of securities offered by way of public or rights issues. The term “securities” has been defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956.

ICWAI 9th National Award for Excellence in Cost Management – 2011

March 1, 2012 300 Views 0 comment Print

ICWAI invites entries for participation in  ICWAI 9th National Award for Excellence in Cost Management – 2011 The Questionnaire is designed to obtain information on cost management practices for evaluation. Companies are free to participate in the Award Scheme either for the company as a whole or for each unit separately. The Award Categories are […]

Foreign Institutional Investor (FII) investment in ‘to be listed’ debt securities

March 1, 2012 844 Views 0 comment Print

A.P. (DIR Series) Circular No.89 Attention of Authorised Dealer Category – I (AD Category-I) banks is invited to Regulation 5(4) and Schedule 5 of Notification No. FEMA 20/2000-RB dated May 3, 2000, viz., Foreign Exchange Management (Transfer or issue of Security by a Person Resident outside India) Regulations, 2000, as amended from time to time, in terms of which the Securities and Exchange Board of India (SEBI) registered FIIs are allowed to invest only in listed non-convertible debentures (NCDs)/bonds issued by an Indian company.

CAT Passes Strictures At ‘Mutual Acrimony’ Between ITAT Members

March 1, 2012 1757 Views 0 comment Print

The applicant is an Accountant Member of the ITAT, Chandigarh who, having joined the employment aforementioned on 25.8.2003, came to be transferred to the ITAT, Chandigarh Bench on 25.10.2010. He has been, vide order Annexure A-I dated 23.1.2012, ordered to be transferred to the Rajkot Bench of the ITAT. The transfer is indicated to have been ordered “in public interest”.

Supervisory Action Framework for Urban Cooperative Banks (UCBs)

March 1, 2012 1477 Views 0 comment Print

You are aware, that the Reserve Bank of India (the Bank) conducts inspection of UCBs under the provisions of the Banking Regulation Act, 1949 (AACS) (the Act), to assess the financial position of a bank and its adherence to the various provisions of the Act and directions/instructions issued thereunder. It also monitors the financial position of UCBs based on periodical returns/statements submitted by them. Further, the Reserve Bank initiates supervisory actions based on its assessment of the financial position of a bank.

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