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Archive: 26 December 2012

Posts in 26 December 2012

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 16, 2024 3864 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 3501 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!

New Company Law in the Making

December 26, 2012 3039 Views 0 comment Print

Very soon, companies in India shall be governed by a new piece of legislation to be known as Companies Act, 2013 which shall replace the longest legislation of the country, the Companies Act, 1956 which is now over 56 years old.

HC upheld Sacking of IPS officer for being ‘habitually in debt’

December 26, 2012 2106 Views 0 comment Print

The Delhi High Court has upheld the dismissal of a 1973-batch IPS officer on the ground of misconduct and for being habitually in debt as he did not repay after taking loans from various banks.

Due Date for Filing Cost Audit Report in XBRL mode extended to January 31, 2013

December 26, 2012 1162 Views 0 comment Print

As per General Circular number 43/2012 dated 26.12.2012, time limit to file Cost Audit Report and Compliance Report for the year 2011-12 [including the overdue reports relating to any previous year(s)] in XBRL mode, without any penalty has been extended upto January 31, 2013 or within 180 days from the close of the company´s financial year to which the report relates, whichever is later.

Extension of Last date for Filing of Cost Audit and Compliance Report in XBRL mode

December 26, 2012 780 Views 0 comment Print

Keeping in view of the ongoing requests from different quarters, MCA has extended the date of filing of Cost Compliance Reports and Cost Audit Reports upto 31st Jan 2013 vide General Circular No. 43/2012 dated 26 dec 2012.

All delivery based transaction may not be treated as investment activity

December 26, 2012 2174 Views 0 comment Print

High Court of Bombay had upheld the decision of the Tribunal in the case of Gopal Purohit (supra), on the ground that there was no substantial question of law involved. Even before Hon’ble High Court there was no question raised that all delivery based transactions have always to be treated as investment activity. Thus the decision of the Tribunal as well as the Hon’ble High court in case of Gopal Purohit (supra), cannot be considered as a precedent for the proposition that all delivery based shares have to be treated as investment activity.

CBDT Circular disallowing expenditure on freebies to medical practitioners is valid

December 26, 2012 4730 Views 0 comment Print

If the assessee satisfies the assessing authority that the expenditure is not in violation of the regulations framed by the medical council then it may legitimately claim a deduction, but it is for the assessee to satisfy the assessing officer that the expense is not in violation of the Medical Council Regulations referred to above.

Relevant date for filing Excise Duty refund claim is date of judgment

December 26, 2012 4771 Views 0 comment Print

The limitation period prescribed under section 11B for filing the refund claim is one year from the relevant date. The term relevant date in the case where the duty becomes refundable as the consequences of judgment, decree, order or direction of the Appellate authority, appellate Tribunal or any Court has been defined in Explanation (B)(ec) of section 11B as the date of such judgment, decree or direction.

Frequently Asked Income Tax Questions by Qualified Foreign Investors

December 26, 2012 2129 Views 0 comment Print

Are QFIs required to obtain PAN Card to comply with tax norms in India? What are the benefits to QFIs of having a PAN Card? How QFIs can apply for a PAN Card? Can QFIs make an On-line application for PAN Card? What are the attestation requirements for a QFI for obtaining PAN card? What are the tax related responsibilities of Qualified Depository Participants (QDPs)?

Payment for making logistic arrangements are not FTS even if the same require some managerial skill

December 26, 2012 1771 Views 0 comment Print

Learned DR contended that for providing the said services, managerial skill was also required and even the knowledge of local law was also used by the concerned service provider. In our opinion, merely because some managerial skill is required to render the services, it would not make the services to be managerial services as envisaged in Explanation 2 to section 9(1)(vii).

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