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Archive: 30 August 2012

Posts in 30 August 2012

Delegation of Powers to Regional Directors u/s 17,18,19,141 and 188 of Companies Act,1956

August 30, 2012 367 Views 0 comment Print

I am directed to refer to this Ministry’s letter of even no. dated 3 1.7.2012 on the subject cited above and say that wherever fee on pending cases under section 17, 18, 19, 141 and 188 of the Companies Act, 1956 have already been paid by the companies/stakeholders at the time of filing of petition, consequent upon the transfer of applications/petitions from Company Law Board to the concerned Regional Directors.

Sponsoring of the trainee in the field not related to assessee’s business isn’t allowable

August 30, 2012 624 Views 0 comment Print

The business of the company which is principally in the area of manufacturing and marketing of plastic pouches cannot justify the sponsoring of the trainee for overseas education in computer software development and accounting. Even for accounting purpose of the company no employee is required to be sent abroad;

Natural justice is no unruly horse, no lurking land mine, nor a judicial cure-all

August 30, 2012 2223 Views 0 comment Print

If assessee couldn’t prove his claim, consequent order couldn’t be disputed on ground of natural justice – The issue which falls for decision is primarily whether the assessment proceeding in the instant case was conducted in a fair manner so much so conforming to principles of natural justice. It is settled law that principles of natural justice cannot be construed in isolation from the factual matrix of the case or it has many a facets.

Effect of Purchases Made From Suspicious Dealers on Audit Report

August 30, 2012 6581 Views 0 comment Print

Much has been discussed on recent issue about Suspicious Dealers, but rarely has someone analysed Whether Purchases made from such Suspicious Dealers should actually form part of Purchases while preparing Financials. The last updated List of 1277 Suspicious Dealers who has issued false bills without delivery of goods is displayed on Website of Government of Maharashtra – VAT Department since July-12.

Service Tax on Director’s Services – Company to Pay

August 30, 2012 32923 Views 0 comment Print

With Service Tax regime migrating to negative list approach w.e.f. July 1, 2012, almost all the services except those in negative list (section 66D) and exempted services (Notification No. 25 2012-ST dated 20.06.2012) have become exigible to service tax .

Delegation of powers to Regional Directors under sectionS 17, 18, 19, 141 and 188 of the Companies Act, 1956

August 30, 2012 622 Views 0 comment Print

I am directed to refer to this Ministry’s letter of even no. dated 31-7-2012 on the subject cited above and say that wherever fee on pending cases under sections 17, 18, 19, 141 and 188 of the Companies Act, 1956 have already been paid by the companies/stakeholders at the time of filing of petition, consequent upon the transfer of applications/petitions from Company Law Board to the concerned Regional Directors,

Taxability of Amount received by society from its members for TDR transfer

August 30, 2012 1393 Views 0 comment Print

The TDR premium is liable to be paid by a member of the society who desires to utilize additional FSI in the form of transferable development rights. The principle of mutuality would clearly apply to instant case. In the context of the payment of non-occupancy charges by a member of a co-operative housing society to the society, a Division Bench of this Court held in Mittal Court Premises Co-operative Society Ltd. v. ITO [2010] 320 ITR 414, that the principle of mutuality would apply.

SC differs with Judgement granting Interest on excess TDS & Advance Tax

August 30, 2012 1424 Views 0 comment Print

In our view, the judgement of this Court in the case of Modi Industries Limited v. Commissioner of Income Tax, 1995 (6) S.C.C. 396 = (2002-TIOL-446-SC-IT) correctly holds that Advance Tax or TDS loses its identity as soon as it is adjusted against the liability created by the Assessment Order and becomes tax paid pursuant to the Assessment Order.

Anti-dumping duty on imports of Metronidazole, originating in, or exported from China

August 30, 2012 699 Views 0 comment Print

Notification No.40 /2012-Customs (ADD) Seeks to levy anti-dumping duty on imports of Metronidazole, originating in, or exported from People’s Republic of China, for a further period of five years

Applicable rate of CVD on imported Fertilizers-regarding

August 30, 2012 1093 Views 0 comment Print

Representations have been received from trade as well as the field formations regarding the applicable rate of additional duty of customs (CVD) on Fertilizers when imported into India. Doubts have arisen in view of the fact that in Notification No. 12/2012-Customs, dated 17-03-2012, except for Serial Number 200(ii) [where the CVD rate of 1% is mentioned in column (5)] the entry in this column for all other Serial Nos. is

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