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Public Notice No. 36 (RE-2012)/2009-14, Dated: 12.12.2012

December 12, 2012 331 Views 0 comment Print

For exports made prior to date of decision/ notification/ public notice of products/ markets, such a declaration will not be required since such exports would have already taken place.

Entertainment expenses cannot be disallowed U/s. 37(1) after omission of S. 37(2)

December 12, 2012 11981 Views 0 comment Print

Section 37(2) inter alia provided for disallowance of entertainment expenses. The said provision has been omitted with effect from 01.04.1998. The fact of this omission is that from assessment year 1998-99 no disallowance in respect of entertainment can be made if the expenses are otherwise incurred for the business purposes.

‘Willful defaults’ of parties under a derivative transaction with a bank are covered by RBI Master Circular

December 12, 2012 1422 Views 0 comment Print

Clause 4.3 of the RBI Master Circular states is that there is scope even under the exiting legislations to initiate criminal action against wilful defaulters depending upon the facts and circumstances of the case under the provisions of Sections 403 and 415 of the Indian Penal Code, 1860 and the banks and financial institutions are strictly advised to seriously and promptly consider initiating criminal action based on the facts and circumstances of each case under the above provisions of the IPC.

Airport Authority isn’t a ‘municipality, Agricultural land situated within its jurisdiction is not a ‘capital asset’

December 12, 2012 3976 Views 0 comment Print

Land which does not fall under the provisions of section 2(14)(iii) of the IT Act and an assessee who is engaged in agricultural operations in such agricultural land and also being specified as agricultural land in Revenue records, the land is not subjected to any conversion as non-agricultural land by the assessee or any other concerned person,

Permitting assessee to withdraw objections can’t be interpreted as DRP’s direction on merit

December 12, 2012 1946 Views 0 comment Print

When the objections filed by the assessee were allowed to be withdrawn on the ground that the assessee intend to exercise the option to proceed to file appeal before the Commissioner of Income Tax(Appeals), then there cannot be any direction under sub-sec. (5) in the absence of any objection as required under sub-Sec. (2) of sec. 144C of the Act.

XBRL filing due date extended to 15th January 2013

December 12, 2012 1159 Views 0 comment Print

In continuation of the Ministry’s General Circular Nos: 16/2012 dated 06.07.2012 and 34/2012 dated 25.10.2012 on the subject cited above, it is stated that the time limit to file the financial statements in the XBRL mode without any additional fee/penalty has been extended up to 15th January 2013 or within 30 days from the date of AGM of the company, whichever is later.

Winding up petition can be admitted on failure of respondent to argue his stand on non-admission of liability

December 12, 2012 513 Views 0 comment Print

The company cannot demonstrate that it had, contemporaneously or otherwise, complained of the goods supplied by the petitioner not adhering to any of the specifications stipulated in the purchase orders. Even the company’s grievance as to the size of the goods is not tenable since the purchase orders specified the size to be 0-1 mm.

Whether software expenditure is capital or revenue in nature is to be seen independently in respect of each software

December 12, 2012 13312 Views 0 comment Print

The fact situation in respect of the necessity for having the issue of software expenditure examined to ascertain whether it is capital or revenue in nature in the case of Amway India Enterprises (supra) is similar to that of the present case of the assessee. We, therefore, respectfully following the decision in the case of Amway India Enterprises (supra), hold that since the examination of whether software expenditure incurred is

Guidelines for issue of debit cards by banks

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Please refer to paragraphs 106 and 107 (extract enclosed) of the Second Quarter Review of Monetary Policy 2012-13 announced on October 30, 2012, proposing to accord general permission to banks for issue of co-branded debit and rupee denominated pre-paid instruments, subject to certain conditions, in order to obviate the need for banks to approach the Reserve Bank for every co-branding arrangement.

Issuance of rupee denominated co-branded pre-paid cards

December 12, 2012 2177 Views 0 comment Print

Issue of rupee denominated pre-paid payment instruments is subject to the stipulations contained in the Notification on the Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 by Department of Payment and Settlement Systems (DPSS) of the Reserve Bank of India, under the Payment and Settlement Systems Act, 2007

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