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Archive: 2012

Posts in 2012

‘Zarda Yukta Pan Masala’ is a tobacco preparation not eligible for deduction u/s. 80I

December 13, 2012 3559 Views 0 comment Print

In Item No. 1 of the list of articles or thing in Schedule XI, the items include beer, wine and other alcoholic spirits. The percentage of alcohol in the spirits is not given. With the same object the percentage of tobacco is also not given in ‘tobacco preparation’.

SEBI’s instructions for effective implementation of Stock Exchanges and Clearing Corporations Regulations

December 13, 2012 1440 Views 0 comment Print

Top Stories Case Laws Statutes Analysis of Latest News All CL : Chairman of CLB can now transfer any matter pending before a Regional Bench to any other Regional BenchORDER [FILE NO. 10/36/2001-CLB], DATED 07-12-2012 SEBI : Stock Exchanges to implement measures to prevent aberrant orders or uncontrolled tradesCIRCULAR NO. MRD/DP/34/2012, DATED 13-12-2012 SEBI :

Stock Exchanges to implement measures to prevent aberrant orders or uncontrolled trades

December 13, 2012 1558 Views 0 comment Print

It has been decided to prescribe a framework of dynamic trade based price checks to prevent aberrant orders or uncontrolled trades. These measures would be implemented in phases in order to ensure the Indian stock exchanges deploy latest technology while maintaining adequate controls. As an initial measure, it has been decided that stock exchanges shall implement the measures as given below.

Seismic services taxable under specific s. 44BB not under general s. 44DA

December 13, 2012 1744 Views 0 comment Print

Section 44BB is a special provision for computing the profits and gains of a non-resident in connection with the business of providing services or facilities in connection with, or supplying plant and machinery on hire, used or to be used, in the prospecting for, or extraction or production of mineral oils including petroleum and natural gas. Section 44DA is also a provision which applies to non-residents only.

Transfer Price in Advanced Management Accounting

December 12, 2012 3974 Views 0 comment Print

Transfer pricing comes into use when various divisions of a company deal with one another. A transfer price is that notional value at which goods and services are to be transferred by the supply division to receiving division. The goods that are produced by the buying division and sold to the outside world are known as final products.

Public Notice No. 36 (RE-2012)/2009-14, Dated: 12.12.2012

December 12, 2012 460 Views 0 comment Print

For exports made prior to date of decision/ notification/ public notice of products/ markets, such a declaration will not be required since such exports would have already taken place.

Entertainment expenses cannot be disallowed U/s. 37(1) after omission of S. 37(2)

December 12, 2012 12785 Views 0 comment Print

Section 37(2) inter alia provided for disallowance of entertainment expenses. The said provision has been omitted with effect from 01.04.1998. The fact of this omission is that from assessment year 1998-99 no disallowance in respect of entertainment can be made if the expenses are otherwise incurred for the business purposes.

‘Willful defaults’ of parties under a derivative transaction with a bank are covered by RBI Master Circular

December 12, 2012 1665 Views 0 comment Print

Clause 4.3 of the RBI Master Circular states is that there is scope even under the exiting legislations to initiate criminal action against wilful defaulters depending upon the facts and circumstances of the case under the provisions of Sections 403 and 415 of the Indian Penal Code, 1860 and the banks and financial institutions are strictly advised to seriously and promptly consider initiating criminal action based on the facts and circumstances of each case under the above provisions of the IPC.

Airport Authority isn’t a ‘municipality, Agricultural land situated within its jurisdiction is not a ‘capital asset’

December 12, 2012 4507 Views 0 comment Print

Land which does not fall under the provisions of section 2(14)(iii) of the IT Act and an assessee who is engaged in agricultural operations in such agricultural land and also being specified as agricultural land in Revenue records, the land is not subjected to any conversion as non-agricultural land by the assessee or any other concerned person,

Permitting assessee to withdraw objections can’t be interpreted as DRP’s direction on merit

December 12, 2012 2267 Views 0 comment Print

When the objections filed by the assessee were allowed to be withdrawn on the ground that the assessee intend to exercise the option to proceed to file appeal before the Commissioner of Income Tax(Appeals), then there cannot be any direction under sub-sec. (5) in the absence of any objection as required under sub-Sec. (2) of sec. 144C of the Act.

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