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Archive: 2012

Posts in 2012

S.25 Company – Amendment in MOA without Government permission is illegal

May 24, 2012 2229 Views 0 comment Print

The order of Sh. K.S.Mohi basically implements the resolution of DDCA dated 1.3.2007 and on which aspect I have already commented above that there is absolutely no resolution whatsoever dated 1.3.2007 and if even there is such a resolution, the same will be an illegal resolution because the same amounts to an amendment of the Memorandum of Association or Rules without prior sanction/approval of the Central Government as required under Section 25 of the Companies Act, 1956, the license granted to the DDCA and as duly incorporated in Clause 4(vii) of the Memorandum of Association.Therefore, the order dated 12.4.2007 cannot bind the appellants/plaintiffs either on principle of res judicata or because there is no resolution dated 1.3.2007 of DDCA on which the order was passed, or on the ground even if there is a resolution dated 1.3.2007, the said resolution would be an illegal resolution in the absence of any prior sanction or approval from the Central Government.

Bribery Case – CBI arrests three excise officials in Pune

May 23, 2012 1502 Views 0 comment Print

The Central Bureau of Investigation has arrested an Assistant Commissioner, a Superintendent and an Inspector, all of Central Excise (Service Tax Department), Akurdi, Pune in a bribery case. A case was registered against the Superintendent and an Inspector, both of Central Excise (Service Tax), Akurdi, Pune on an alleged demand of bribery from the complainant for not levying service tax on his multi-purpose Hall.

DTAA with Switzerland -Black Money of Rs. 565 Crores Detected in 6 Months

May 23, 2012 1504 Views 0 comment Print

The Amended Protocol between India and Switzerland amending the existing Double Taxation Avoidance Agreement (DTAA) between the two countries came into force on 7th October, 2011. In 219 cases, undisclosed income of Rs. 565 crore has been detected and tax of Rs.181 crore realized so far.

Insertion of New Rule 10AB – Determination of arm’s length price

May 23, 2012 13092 Views 0 comment Print

Notification No. 182012-Income Tax In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962 namely:- 1. (1) These rules may be called the Income-tax (6th Amendment) Rules, 2012.

S. 397 pettition – Investors may either become members as per initial understanding or can receive back their investments

May 23, 2012 1651 Views 0 comment Print

CP No 18/07 stands disposed off in the above terms. All CAs stand disposed off. All interim orders stand vacated. No order as to cost. The B.O New Delhi, Bench to send a copy of this order to R-10 & R-11 at their new address at 207-Gaur Green Avenue, Abhay Khand-II, Indirapuram, Ghaziabad, U.P.

If a pure question of law arises for which facts are on record of the authorities below, the question should be allowed to be raised if it is necessary to assess correct tax liability

May 23, 2012 7213 Views 0 comment Print

In the case of JB Greaves (supra), which is the decision of the jurisdictional High Court, it has been held that the subject – matter of appeal before the Tribunal would be the grounds raised by the appellant before it. Rule 11 provides that the appellant shall not except by the leave of Tribunal, be heard in support of any ground not set forth in the memorandum of appeal.

Payment of PF accumulations after closure of establishment, in absence of Form 3A/6A

May 23, 2012 9470 Views 0 comment Print

May kindly refer to the subject cited above. As you are aware that the establishments covered under the EPF and MP Act, 1952 are required to remit provident fund contribution on monthly basis in respect of all the eligible employees. However, till 31.03.2012 (Before introduction of ECR) the contributions were reflected in the member’s account only after receiving details of subscription in Annual Returns i.e. 3A and 6A. At times, these returns were not submitted by the employers of the closed establishments although the PF office was in receipt of contributions by way of monthly remittances or recovery of the amount in default. The compliance measures initiated against such establishments to procure the returns, many a times did not yield result due to non-traceability of either the employers or the records. This finally results in non-payment of PF accumulations to the members.

Revised Position Limits for Trading Member (Banks) in Exchange Traded USD – INR derivative contracts

May 23, 2012 964 Views 0 comment Print

Gross open positions of the bank across all contracts (both futures and options contracts) not to exceed 15% of the total open interest or USD 100 million whichever is lower.

Payment of EPF – Who can attest the claim of liquidated company?

May 23, 2012 1110 Views 0 comment Print

Employees of a liquidated company can file their claim for provident fund, duly attested by any of the following authorized persons: ♦ Member of Parliament; ♦ Member of Legislative Assembly; ♦ Magistrate; ♦ A Gazetted Officer; ♦ Sarpanch of the Village;

Govt raises interest rate on GPF to 8.8% for 2012-13

May 23, 2012 1312 Views 0 comment Print

Government has hiked interest rate on contributions to General Provident Fund (GPF) and other similar funds to 8.8 per cent for 2012-13.The interest rate on such funds was 8.6 per cent during December 2011-March 2012 period, while it was 8 per cent for April-November 2011.

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