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SEBI (Investment Advisers) Regulations, 2013 notified

January 21, 2013 3726 Views 0 comment Print

On and from the commencement of these regulations, no person shall act as an investment adviser or hold itself out as an investment adviser unless he has obtained a certificate of registration from the Board under these regulations:

Brics Countries Identifies Seven areas of tax policy and tax Administration for Extending their Mutual Cooperation

January 21, 2013 1227 Views 0 comment Print

Affirming their continued commitment to promote closer coordination and cooperation in the area of tax administration, the Heads of the Revenue of the BRICS Countries i.e. Brazil, Russia, India, China and South Africa, identified seven areas of tax policy and tax administration, for extending their mutual cooperation.

Relaxation in Completion of Information Technology Training (ITT) for students enrolled under Direct Entry Scheme on or after 1st October, 2012

January 21, 2013 1469 Views 0 comment Print

The Council at its 321st Meeting held in January, 2013 has relaxed the eligibility criteria, in order to mitigate the hardships being faced by the students registering under Direct Entry Scheme to Chartered Accountancy Course on or after 1st October, 2012, as under, so as to be eligible to appear in the Intermediate (Integrated Professional Competence) Examination to be held in November, 2013.

Gold – Customs Duty Enhanced

January 21, 2013 1264 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in

Gold – Excise Duty Enhanced

January 21, 2013 1820 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance

Depreciation not allowable if Assessee is not the owner of the Asset either wholly or partly

January 21, 2013 3669 Views 0 comment Print

In this case ownership of the dredger was not transferred to the assessee in pursuance to the sale agreement, contrary to the claim of the assessee made in this regard. Even accepting the contention of the learned AR that no registration of dredger is required and customs duty is not payable on dredgers, it is a fact on record that the assessee has not produced any evidence of substance to prove its ownership over the dredgers.

FEMA – ECB – Repayment of Rupee loans and/or fresh Rupee capital expenditure – USD 10 billion scheme

January 21, 2013 1292 Views 0 comment Print

As per the extant guidelines, Indian companies in the manufacturing and infrastructure sector (as defined under the extant ECB policy), which are consistent foreign exchange earners, are allowed to avail of ECBs for repayment of outstanding Rupee loan(s) availed of from the domestic banking system and / or for fresh Rupee capital expenditure.

Cost of lease-hold land can’t be taken as NIL as same is not covered by sec. 55(2)(a)

January 20, 2013 8148 Views 0 comment Print

The learned DR has opposed the submissions of the learned counsel for the assessee. He submitted that no cost of acquisition was incurred by the assessee as per the terms and conditions of the registered lease deed, and therefore in accordance with the provision of section 55(2)(a)(ii) of the Act, the cost of acquisition has to be taken at NIL. He referred to the term-4 of the lease deed dated 15.9.1966 wherein it was agreed that all the building and structure put up by the lessee on the said land remain the property of the lessee only.

S. 148 Where HUF is partitioned after expiry of relevant year, notice to every member is not necessary

January 20, 2013 1548 Views 0 comment Print

Where the HUF was in existence during the relevant year and a partition took place later, for purposes of initiating reassessment proceedings for that year, it would not be necessary to issue notice to every member of the family – Lakshminarain Bhadani v. CIT [1951] 20 ITR 594 (SC).

Application for registration u/s. 12A once rejected cannot be restored

January 20, 2013 9385 Views 0 comment Print

The only issue that arises for consideration is whether the view taken in Exts.P11 and P13 is illegal. Ext.P9 judgment has attained finality. In that judgment, it has been specifically found that Ext.P2 application was not pending. It was therefore that the petitioner sought restoration of Ext.P2.

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