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Archive: November, 2014

Posts in November, 2014

Sec 292BB would operate prospectively as it curtails the right of the assessee

November 7, 2014 1634 Views 0 comment Print

Hon’ble Hyderabad Bench has in the case of M/s. Ghanshyamdas Gems and Jewels v/s DCIT in IT(SS)A No. 16/Hyd/2011 has held that Section 292BB of the Income Tax Act, 1961 would operate prospectively as it curtails the right of the assessee.

Corporate Governance – Major Challenges and Impact

November 7, 2014 4897 Views 0 comment Print

The Companies Act 2013 envisages radical changes in the area of Corporate Governance and is set to have far-reaching implications. The new regime is expected to significantly change the manner in which corporates operate in India. While the bar for corporate governance has been raised

Register u/s 187: Are ‘all’ beneficial holdings required to be entered?

November 7, 2014 37249 Views 2 comments Print

Shampita Das Section 187 of the Companies Act, 2013 (the ‘Act’) which corresponds to section 49 of the erstwhile Companies Act, 1956 requires companies to hold all investments in its own name. Below, we discuss in detail the requirement of entry of investments in the register maintained for this purpose. We shall also deal with […]

Excisability of Odoriferous compound/agarbathi mix arising during the course of manufacture of agarbathi – regarding

November 7, 2014 1147 Views 0 comment Print

Attention is invited to Board’s circular no. 495/61/99-CX.3 dated 22.11.1999 (issued from F.No. 103/6/98-CX.3) regarding the above subject. It was clarified therein that ‘Odoriferous Compound’ is normally used in the manufacture of Agarbathis in a continuous manner. The formula of preparation of such compounds is kept a secret.

Looking for Investments?

November 6, 2014 4342 Views 0 comment Print

The business and economic environ in the country seems to be recovering from the slow down and with most of the signs being positive, it looks like bullishness in economy in times to come. Translated to investments, markets and returns on most type of investment options look brighter in times to come.

ESOP – All You want to know

November 6, 2014 80279 Views 10 comments Print

The respective provisions of the Act and the Rules can be read in two perspectives i.e. provisions governing – Issue of ESOPs and Trust set-up, funding and operation for administration of ESOPs. The provisions relating to issue of ESOPs are common for all the unlisted Companies irrespective of their status being Private or Public; whereas […]

Deeming fiction created by virtue of sec. 50C cannot be extended to sec. 11(1A)

November 5, 2014 2675 Views 0 comment Print

Assessee is a charitable society and is registered under section 12A of the Act. The question of applicability of provisions of section 50C of the Act on transfer of capital asset in the case of a charitable society was examined by the Tribunal in the case of ACIT vs. Shri. Dwarikadhish Temple Trust, Kanpur in I.T.A. No. 256 & 257/LKW/2011, in which the Tribunal has held that where the entire sale consideration was invested in other capital asset, provisions of section 50C of the Act should not be invoked.

Extension of time for export of Red Sanders wood by Government of Andhra Pradesh & Directorate of Revenue Intelligence (DRI)

November 5, 2014 466 Views 0 comment Print

Government of Andhra Pradesh and Directorate of Revenue Intelligence (DRI) shall finalize the modalities, including allocation of quantities to their respective authorized entities for export of the respective quantities of Red Sanders wood and shall complete the whole process of export latest by 30th April, 2015. This shall be subject to such orders, as passed by the Hon’ble High Court of Madras or such submissions as made before the Hon’ble High Court of Madras in WP No. 29273 of 2007 or such orders as passed by any other court, if any.

Rate of exchange of conversion of each of foreign currency wef 06.11.2014

November 5, 2014 1800 Views 0 comment Print

In exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and in super session of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.98/2014-CUSTOMS (N.T.), dated the

Delhi VAT – Withdrawal of filing of information related to statutory forms online in Form CD-1

November 5, 2014 1520 Views 0 comment Print

I, Sanjeev Khirwar, Commissioner, Value Added Tax, in exercise of the powers conferred under section 70 of the Delhi Value Added Tax Act, 2004 ( Delhi Act 3 of 2005), do hereby withdraw the filing of information related to statutory forms online in Form CD-1 notified vide Notification No.F.7(450)/Policy/VAT/2012/336-347 dated 12/07/2012 with effect from 05/03/2014.

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