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Archive: 07 January 2013

Posts in 07 January 2013

Free Webinar: Analysis of 10 Recent Income Tax Judgments in Favour of Assessee

July 1, 2024 1845 Views 0 comment Print

Join our free webinar on July 7 at 5 PM for insights into 10 recent High Court income tax judgments favoring assessees. Expert analysis by CA Dipak Dama.

Even Intimation u/s. 143(1) cannot be reopened u/s 147 without fresh material – HC

January 7, 2013 5402 Views 0 comment Print

In the present case the reasons disclose that the Assessing Officer reached the belief that there was escapement of income on going through the return of income filed by the assessee after he accepted the return under Section 143(1) without scrutiny, and nothing more.

Reopening for lack of price transparency & requirement of price adjustment in ALP valid

January 7, 2013 528 Views 0 comment Print

The reasoning recorded by the assessing officer cannot be said to be totally irrelevant, as the relevancy is in the context of escapement of income for the assessment year and the information may be from any source outside and an information with reference to any earlier year is outside the purview of the record of the current assessment year.

SEBI : (Self Regulatory Organisations) (Amendment) Regulations, 2013

January 7, 2013 322 Views 0 comment Print

Provided further that the provisions of these regulations shall come into force in relation to different classes of intermediaries on such dates as the Board may by notification in the Official Gazette appoint.

Notional loss can be claimed in case of computation of income on notional basis

January 7, 2013 8337 Views 0 comment Print

Even a notional loss can be claimed by way of a business loss and as a deductible item in computing the income of the assessee for the year, as it is a computation on notional basis, it is made dependent on the manner of conduct of the assessee in respect of the earlier assessment period and particularly as to the assessee has been following this uniformly over a period of years and the test being when there was a notional gain as to whether it had been offered for tax etc.

Government shouldn’t reopen old tax assessment cases -Assocham

January 7, 2013 2305 Views 0 comment Print

ASSOCHAM wants correction as FM begins pre-budget consultations Showing a grave concern over the fact that notices for reopening of assessments by the tax authorities are being issued in thousands in recent times, ASSOCHAM today said returns should not be re-opened beyond three years. As Finance Minister P Chidambaram has started his pre-budget consultations with […]

Retrospective amendment levying service tax on renting of immovable property is constitutionally valid

January 7, 2013 745 Views 0 comment Print

It has also been argued that retrospectivity was not permissible because this amendment to the definition of “taxable service” is not merely clarificatory but brings about a substantive liability of taxation upon the service providers. It has also been contended that by giving a retrospective effect to this amendment to the definition of taxable service, the service provider is also saddled with liability to pay interest as well as penalty on the default in payment of service tax for the past period.

RBI enhances ECB limit for NBFC-IFCs under automatic route from 50% of owned funds to 75%

January 7, 2013 592 Views 0 comment Print

On a review, it has been decided to enhance the ECB limit for NBFC-IFCs under the automatic route from 50 % of their owned funds to 75 % of their owned funds, including the outstanding ECBs. NBFC-IFCs desirous of availing ECBs beyond 75 % of their owned funds would require the approval of the Reserve Bank and will, therefore, be considered under the approval route.

Revised Guidelines on Credit Default Swaps (CDS) for Corporate Bonds

January 7, 2013 724 Views 0 comment Print

In addition to listed corporate bonds, CDS shall also be permitted on unlisted but rated corporate bonds even for issues other than infrastructure companies. Users shall be allowed to unwind their CDS bought position with original protection seller at mutually agreeable or FIMMDA price. If no agreement is reached, then unwinding has to be done with the original protection seller at FIMMDA price.

Revised Guidelines on Ready Forward Contracts in Corporate Debt Securities

January 7, 2013 681 Views 0 comment Print

Repo in corporate debt shall also be permitted on Commercial Papers, Certificates of Deposit and Non Convertible Debentures of less than one year of original maturity. The minimum haircut, applicable on the market value of the corporate debt securities prevailing on the date of trade of 1st leg, has been revised as under:

Breather Period for Existing Auditors of Listed Companies (Is it 3 Years or 8/13 Years?)

January 7, 2013 2719 Views 0 comment Print

Under the existing provisions of the Companies Act, 1956, the appointment or re-appointment of a statutory auditor of a Company is an annual exercise except in cases of the appointment of first auditor or appointments to fill up casual vacancies. Sub-section (1) of section 139 of the Companies Bill, 2012 proposes to make it mandatory to appoint an auditor for five years at a time (subject to annual ratification).

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