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Archive: 15 February 2013

Posts in 15 February 2013

TP adjustment without considering business structure of assessee not maintainable

February 15, 2013 459 Views 0 comment Print

In the present case, as we have noted earlier, it is only on account of the manufacturing activity that the activity of commissioning and installation of the equipment arises and pertinently all the aforesaid activities are negotiated and contracted for at one instance.

Winding up petition not maintainable if petitioner accepts receiving lesser amount towards full & final settlement

February 15, 2013 807 Views 0 comment Print

The acknowledgement and/or acceptance of the admitted amount, received by the petitioner towards the full and final settlement concludes the issue for the purpose of winding up petition. Therefore, having once settled the matter, the averment and/or allegations given of coercion and or undue influence just cannot be gone into the Company Petition.

Search cannot be initiated on the basis of surmises, assumptions, presumption or conjectures

February 15, 2013 2101 Views 0 comment Print

In the present case, we find that the so-called information is undisclosed and what exactly that information was, is also not known. At one place in the affidavit of Deputy Director of Income-tax, it has been mentioned that he got information that there was a likelihood of the documents belonging to the DS Group being found at the residence of the petitioner. That by itself would amount only to a surmise and conjecture and not to solid information and since the search on the premises of the petitioner was founded on this so-called information, the search would have to be held to be arbitrary. It may also be pointed out that when the search was conducted on 21.01.2011, no documents belonging to the DS Group were, in fact, found at the premises of the petitioner.

Gold Exchange Traded Fund Scheme (Gold ETFs) Investment in Gold Deposit Scheme (GDS) of Banks

February 15, 2013 649 Views 0 comment Print

Gold related instruments – Regulation 2(mc) of MF Regulations stipulates that gold related instruments are such instruments having gold as underlying, as are specified by SEBI from time to time.

Notification No. 21/2013-Customs (N.T.), Dated- 15th February, 2013

February 15, 2013 1303 Views 0 comment Print

Silver, in any form, in respect of which the benefit of entries at serial number 322 and 324 of the Notification No. 12/2012-Customs dated 17.03.2012 is availed

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