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Police action under Prize Chits and Money Circulation Schemes (Banning) Act, 1978

April 22, 2013 2283 Views 0 comment Print

State Governments Requested to issue Instructions to their Police for Vigorous Action under the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 The Minister of Corporate Affairs has written to State Chief Ministers requesting State Governments to issue instructions to their State Police Authorities for vigorous action under the Prize Chits and Money Circulation […]

97th amendment on co-ops unconstitutional -Gujarat HC

April 22, 2013 5270 Views 0 comment Print

As it appears from the portion highlighted by us, the question involved in that matter regarding the validity of the State Laws included in the Ninth Schedule cannot have any application to the facts of the present case. Regarding constituent power under Article 368, we have already relied upon the observations of the nine-bench-judgment of the Supreme Court in the case of I.R. Coelho [dead] by L.Rs. v. State of T.N. (supra) holding that by addition of the words ‘constituent power’ in Article 368, the amending body, namely, Parliament does not become the original Constituent Assembly. We, thus, find that the above decision relied upon by Mr. Champaneri does not help his client in any way.

Amendment in Import Policy of Fish Body Oil (Refined)

April 22, 2013 999 Views 0 comment Print

The prescribed standard of EPA & DHA content in Fish Body Oil (Refined) has been revised to ‘Not less than 5% by weight’ without any upper limit.

Amendment in Policy Condition 1 to Chapter 40 of ITC(HS), 2012

April 22, 2013 873 Views 0 comment Print

Presently, the bracketed portion at the end of Policy Condition 1 appended to Chapter 40 of ITC (HS) 2012, Schedule 1 (Import Policy) reads as under: [This policy condition applies to EXIM codes 4012 11 00, 4012 12 00, 4012 13 00, 4012 19 10, 4012 19 20, 4012 20 10, and 4012 20 90].

DGFT restricts Import of items containing Ozone Depleting Substances (ODS)

April 22, 2013 2043 Views 0 comment Print

Import of items containing Ozone Depleting Substances (ODS) has been restricted and non-ODS items have been made free. A revised list of countries which are parties to the Montreal Protocol under Appendix IV to Schedule 1 is notified.

To redress grievances DGFT may provide Personal Hearing

April 22, 2013 762 Views 0 comment Print

As a last resort to redress grievances of Importers/Exporters, DGFT may provide an opportunity for Personal Hearing (PH). For such PH, a specific request has to be made to DG if following conditions are satisfied:

Insurance Cos to file prescribed forms on Anti-Money Laundering and Counter-Financing of terrorism matters

April 22, 2013 1908 Views 0 comment Print

Insurance Sector has entered into the seventh year of effective AML/CFT regime. At this juncture, there is a felt need to capture certain information on AML/CFT matters on a regular basis.

Same Income cannot be taxed both in the hand of Individual & HUF based on AIR Information

April 21, 2013 3602 Views 0 comment Print

It is noticed that the ancestral property was received by two brothers and the same was divided by two brothers by entering into an agreement between the two brothers. The assessee sold his share and shown the capital gain in the hands of HUF capacity. Whatever, the interest was received on sale consideration etc., the same was offered for taxation in his HUF capacity. The return was filed with the department, copy of the same is placed at page 70A along with computation of income as well as balance sheet. The same has been accepted by the department.

Provision for salary based on pay revision decision of Government is allowable

April 21, 2013 3818 Views 0 comment Print

It is not in dispute that salary and wages accrue daily, weekly, fortnightly or monthly as per the contract of the employment. This is so as services is rendered in praesenti, the liability of the employer to compensate the employees for the services rendered also accrues in praesenti. A perusal of the Orders of the lower authorities show that what is actually in dispute is the quantification of compensation. As the assessee is a PSU, the pay revision depends upon the decision of the Government.

Addition U/s. 69B based on mere DVO report without any Supporting evidence is invalid

April 21, 2013 2255 Views 0 comment Print

The law seems to be well settled that unless and until there is some other evidence to indicate that extra consideration had flowed in the transaction of purchase of property, the report of the DVO cannot form the basis of any addition on the part of the revenue. In the present case there is no evidence other than the report of the DVO and, therefore, the same cannot be relied upon for making an addition. In these circumstances, the question which has been framed is decided in favour of the assessee and against the revenue. The appeal is dismissed.

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