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Archive: 2012

Posts in 2012

S.129(6) of the Customs Act – Ex-Tribunal Members Cannot Practice Before Tribunal – SC

March 16, 2012 1209 Views 0 comment Print

Section 146(2)(c) of the Customs Act refers to the appearance by a legal practitioner who is entitled to practice as such in accordance with law. Section 129(6) places a restriction, which is reasonable and valid restriction, as held by us above. Thus, the provisions of Section 146A of the Act would have to be read in conjunction with and harmoniously to Section 129(6) of the Customs Act and the person who earns a disqualification under this provision cannot derive any extra benefit -contrary to Section 129(6) of the Customs Act from the reading of Section 146A of the Customs Act.

Rates of Interest – RIDF and other funds

March 16, 2012 1704 Views 0 comment Print

Consequent upon the revision of Bank Rate from 6 percent to 9.5 percent vide RBI’s notification dated February 13, 2012, the interest rates applicable to RIDF and other similar funds with SIDBI and NHB have been reviewed and it has been decided as under:-

Procedure for scrutiny and revalidation of Registration Certificate for export of cotton [ITC(HS) code 5201 & 5203]

March 16, 2012 1156 Views 0 comment Print

In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2004-2009, as amended from time to time, Director General of Foreign Trade, in pursuance of Notification No. 106 (RE-2010)/2009-14 dated 12.03.2012, notifies the procedure/guidelines for scrutiny and revalidation of Registration Certificate(RCs) for export of cotton [ITC(HS) code 5201 & 5203].

ICAI invites suggestions on tax proposals of Union Budget 2012-13 and Report of Standing Committee on Finance on Direct Taxes Code Bill, 2010

March 16, 2012 682 Views 0 comment Print

The Direct Taxes Committee, Indirect Taxes Committee and Committee on International Taxation invite suggestions on the tax proposals of the Finance Bill, 2012 for consideration and inclusion of the same in the Post Budget Memorandum, 2012 to be submitted to the Ministry of Finance. Please submit your valuable suggestions latest by 20th March, 2012.

Budget 2012 going to be 81st budget of India

March 16, 2012 1403 Views 0 comment Print

The Government will present its 81st Budget proposals in the history of independent India, when the Finance Minister, Mr Pranab Mukherjee, tomorrow reads out his taxation and other economic policies before the Parliament. Individually, Mr Mukherjee will present the Union Budget for the seventh time, the second-highest by any Finance Minister.

Government reduced interest rate on Provident Fund from 9.5 to 8.25 Percent

March 16, 2012 1337 Views 0 comment Print

Government Thursday slashed interest rate on deposits in Employees Provident Fund from 9.5 percent to 8.25 percent for 2011-12 affecting over 4.7 crore subscribers. This cut was proposed by the Finance Ministry and a notification was issued by the Labour Ministry, official sources said. The Employees’ Provident Fund Organisation (EPFO) had provided 9.5 percent interest rate to its subscribers for 2010-11 after it found Rs 1,731 crore surplus in its books of account.

Service Tax refund can be refused on the ground of unjust enrichment

March 16, 2012 2908 Views 0 comment Print

The appellant/assessee herein filed a refund application with the authorities on the ground that the service tax paid by them should not have been paid. The adjudicating authority after following the Principles of natural justice, rejected the refund claim on various grounds, including the ground of unjust enrichment.

To claim terminal depreciation asset must be used for purpose of business or profession

March 16, 2012 5341 Views 0 comment Print

The assessee was in the business of offset printing and typesetting. It admittedly had converted this land and factory building into stock-in-trade. The Minutes of the assessee-company did the conversion of the land and factory building into stock-in-trade and the business assets of the assessee no more survived as the business asset eligible for depreciation. Once this happens, the business of the assessee would be deemed to have been discontinued.

RBI Policy March 2012- No Change in repo, reverse repo rates & CRR

March 16, 2012 1294 Views 0 comment Print

On the basis of the current macroeconomic assessment, it has been decided to: keep the cash reserve ratio (CRR) of scheduled banks unchanged at 4.75 per cent of their net demand and time liabilities; and keep the policy repo rate under the liquidity adjustment facility (LAF) unchanged at 8.5 per cent. Consequently, the reverse repo rate under the LAF will remain unchanged at 7.5 per cent, and the marginal standing facility (MSF) rate and the Bank Rate at 9.5 per cent.

Addition u/s 68 can be made for non production of lenders

March 16, 2012 2994 Views 0 comment Print

It is not in dispute that there were cash deposits of the equivalent amounts in the bank accounts of the creditors just before advancing loan to the assessee or on the date of issuing cheques to the assessee. In the case of the creditor, ‘RS’, his bank statement is filed in which Rs. 2,50,000 has been deposited, but neither it is mentioned that it was cash nor it is mentioned how the amount similar to the credit was credited in his bank account.

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