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Archive: 09 October 2012

Posts in 09 October 2012

ICAI president clarifies on Bank / Concurrent audit rumors

October 9, 2012 4026 Views 0 comment Print

This has reference to emails being received by the Institute about the Finance Ministry’s latest circular dated 26th September, 2012 containing general guiding principles on Internal Audit, Information System, Concurrent and Branch Statutory Audit to be followed by all the PSBs suitably.

Even non-signatory parties to agreements can be referred to arbitration – SC

October 9, 2012 2364 Views 0 comment Print

In the facts of a given case, the Court is always vested with the power to delete the name of the parties who are neither necessary nor proper to the proceedings before the Court. In the cases of group companies or where various agreements constitute a composite transaction like mother agreement and all other agreements being ancillary to and for effective and complete implementation of the Mother Agreement

Service of copy of arbitral award on agent/ lawyer not amount to service on party itself – SC

October 9, 2012 1625 Views 0 comment Print

The view taken in Pushpa Devi Bhagat’s case (supra) is in relation to the authority given to an Advocate to act on behalf of a party to a proceeding in the proceedings itself, which cannot stand satisfied where a provision such as Section 31(5) of the 1996 Act is concerned. The said provision clearly indicates that a signed copy of the Award has to be delivered to the party.

Prosecution based on second or successive dishonour of cheque is permissible -SC

October 9, 2012 2512 Views 0 comment Print

We overrule the decision in Sadanandan Bhadran’s case (supra) and hold that prosecution based upon second or successive dishonour of the cheque is also permissible so long as the same satisfies the requirements stipulated in the proviso to Section 138 of the Negotiable Instruments Act.

US Customs officer sentenced 33 months for Groping Women at Airport

October 9, 2012 961 Views 0 comment Print

A former Customs and Border Protection officer who admitted groping three female passengers at Miami International Airport was sentenced to 33 months in federal prison on Thursday.

S. 12A Registration not dependent on commencement of charitable activity

October 9, 2012 1774 Views 0 comment Print

Facially the provision of section 12AA would suggest that there are no restrictions of the kind which the revenue is reading into in the instant case. In other words, the statute does not prevent or enjoin the Commissioner from registering a trust based only on its objects, without any activity, in the case of a newly registered Trust. The statute does not prescribe a waiting period, for a trust to qualify itself for registration.

If disallowance U/s.14A computed by Assessee not found wrong, No further disallowance required

October 9, 2012 1220 Views 0 comment Print

It was for the Assessing Officer to examine whether the disallowance offered by the assessee itself was sufficient on facts and circumstances of the case, notwithstanding the view he took regarding the applicability of rule 8D. It is not expected of him to take piecemeal decisions regarding the merits of the disallowance.

Discussion Paper on ‘Mandatory Safety Net Mechanism

October 9, 2012 754 Views 0 comment Print

In the analysis of price performance of the scrips listed during 2008 to 2011, it was observed that out of 117 scrips, 72 (around 62% issues) were trading below the Issue price after 6-months of their listing. Out of those 72 scrips which witnessed fall in price, in 55 scrips the fall was more than 20% of the Issue price. In this scenario if the trend continues, the sentiments of the investors would get affected and they may lose confidence in the capital market. Thus, there is a need to provide Safety Net arrangement for RIIs to build their confidence in capital market.

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