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Archive: 21 January 2013

Posts in 21 January 2013

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 16, 2024 3858 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!

Notice U/s. 148 cannot be issued unless return which has already been filed has been disposed of

January 21, 2013 1842 Views 0 comment Print

Notice cannot be issued when returns are pending – Notice cannot be issued unless the return which has already been filed has been disposed of – CIT v. M.K.K.R. Muthukaruppan Chettiar [1970] 78 ITR 69 (SC); Bhagwan Das Sita Ram (HUF) v. CIT [1984] 146 ITR 563 (SC).

SEBI : Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to Normal Rolling Settlement

January 21, 2013 193 Views 0 comment Print

The Stock Exchanges are advised to report to SEBI, the action taken in this regard in the Monthly/Quarterly Development Report.

Administrative Control over EOUs, EHTP and STPs by Central Excise formations

January 21, 2013 1029 Views 0 comment Print

In partial modification of the aforesaid Facility Notices, it is decided that all matters relating to 100% EOUs/EHTP/STPs, Customs Bonded Warehouses and other Customs related work in the jurisdiction of Mysore, which are currently under Service Tax and EOU Division, are now attached to their respective Central Excise Ranges under the jurisdiction of the concerned Divisions of Mysore Commissionerate

Company Law – Application under s. 543 cannot be made in vague terms & to conduct a roving enquiry

January 21, 2013 1857 Views 0 comment Print

An application under Section 543 of the Companies Act, 1956 cannot be made in vague terms and it cannot be used as a power to conduct a roving enquiry in these proceedings and to ascertain as to whether there is any act of misfeasance on the part of erstwhile directors.

S. 92C(4) Deduction under Chapter VI-A cannot be allowed on additions made as per TPO’s order

January 21, 2013 3510 Views 0 comment Print

From the proviso to Section 92C(4), it is evident that no deduction in Chapter VI-A is to be allowed in respect of the income which is enhanced after the computation of income in the said Section. Thus, the assessee is not entitled for deduction under Chapter VI-A in respect of the addition made as per the TPO’s order.

HC condones delay in appeal filing due to negligence of assessee’s lawyer

January 21, 2013 2992 Views 0 comment Print

In Perumon Bhagvathy Devaswom v. Bhargavi Amma [2008] 8 SCC 321 it was reiterated that sufficient cause should be understood in pragmatic and practical manner. The test is that the delay is not on account of any dilatory tactics, want of bonafides, deliberate inaction or negligence on part of the appellant.

Transactions entered by broker on behalf of principals cannot be added in his income

January 21, 2013 459 Views 0 comment Print

Given the fact that the assessee had acted only as a broker and could not claim any ownership on the sum of Rs. 14.79 crores and that the receipt of the money was only for the purpose of taking demand drafts for the payment of the differential interest payable by Indian Bank and that the assessee had actually handed over the said money to the Bank,

To maintain petition u/s. 397 shareholding positions on date of filing of petition ought to be considered

January 21, 2013 636 Views 0 comment Print

The Board ought to have considered the date of filing of the Petition, as well as the admissions so given by the contesting Respondents, before rejecting the Company Petition in such a fashion on the ground of maintainability.

ICSI – New President & Vice-President WEF 19.01.2013

January 21, 2013 720 Views 0 comment Print

ICSI Elects CS S. N. Ananthasubramanian as PRESIDENT & CS Harish K. Vaid as VICE-PRESIDENT of the Council of the Institute Company Secretaries of India (ICSI) w.e.f. 19th January, 2013.

To reject view taken in earlier assessment years, there must be material change in the fact, situation or in law

January 21, 2013 2005 Views 0 comment Print

Explore how Income Tax Appellate Tribunal upholds consistency in mobilization advance treatment, referencing an accepted accounting method and legal precedent.

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