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‘Grossing up’ in absence of PAN should be at rates in force and not at 20%

December 20, 2012 13394 Views 0 comment Print

A literal reading of sec. 195A implies that the income should be increased at the rates in force for the financial years and not the rates at which the tax is to be withheld by the assessee. The Hon’ble Apex Court in the case of GE India Technology (cited Supra) has held that the meaning and effect has to be given to the expression used in the section and while interpreting a section, one has to give weightage to every word used in that section.

SAT – After justification of alleged manipulative transactions subsequent accusation of misuse of account by broker cannot absolve appellant from penalty

December 20, 2012 612 Views 0 comment Print

We agree with learned counsel for the respondent Board that the alibi, that appellant does not understand English is not acceptable as he has given all his information in the KYC form in English and has also signed the said application form in English. His reply dated January 27, 2009 to the show cause notice is also in English where he has admitted the trades and claimed that they were entered in the normal market condition and on the basis of price prevailing in the market at the time of trading.

Regarding imposition of safeguard duty on imports of electrical insulator from China PR

December 20, 2012 1131 Views 0 comment Print

Notification No. 05/2012-Customs (SG) New Delhi; the 20th December, 2012 G.S.R. 912(E).- WHEREAS, in the matter of import of electrical insulators, falling under tariff heading 8546 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Act), the Director General (Safeguard), in its final findings published in the […]

Salient Features of Companies Bill, 2012

December 20, 2012 8335 Views 0 comment Print

The Companies Bill, 2012, which was passed by the Lok Sabha yesterday, on its enactment will allow the country to have a modern legislation for growth and regulation of corporate sector in India. The existing statute for regulation of companies in the country, viz. the Companies Act, 1956 had been under consideration for quite long […]

Company Secretaries in Companies Bill 2011

December 20, 2012 2975 Views 0 comment Print

CS. Bilu Balakrishnan We have attached below a PPS / PPT – Company Secretaries in Companies Bill 2011 which is based on Companies Bill, 2011 passed in Lok Sabha  on 18.12.2012. The Company Secretary (CS in short) profession has lot more in the new Bill. This presentation intents to have a birds eye view of […]

Highlights of the Companies Bill, 2011 passed in Lok Sabha on 18.12.12

December 20, 2012 5267 Views 0 comment Print

The Bill has 470 clauses as against 658 Sections in the existing Companies Act, 1956. The entire bill has been divided into 29 chapters. Many new chapters have been introduced, viz., Registered Valuers (ch.17); Government companies (ch. 23); Companies to furnish information or statistics (ch. 25); Nidhis (ch. 26); National Company Law Tribunal & Appellate Tribunal (ch. 27); Special Courts (ch. 28).

Rate of exchange of conversion of each of foreign currency wef 21st December, 2012

December 20, 2012 1853 Views 0 comment Print

Notification No.111/2012-Customs (N.T.) Central Board of Excise and Customs hereby determines that the rate of exchange of conversion of each of the foreign currency specified in column (2) of each of Schedule I and Schedule II annexed hereto into Indian currency or vice versa shall, with effect from 21st December, 2012 be the rate mentioned against it in the corresponding entry in column (3) thereof, for the purpose of the said section, relating to imported and export goods.

Public Notice No. 39 (RE-2012)/2009-2014, Dated: 19.12.2012

December 19, 2012 331 Views 0 comment Print

In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14, as amended from time to time, the Director General of Foreign Trade hereby allocates a quantity of 10,000 MTs (Ten thousand metric tonnes) of white Sugar for export of CXL Concessions Sugar to European Union (EU) for the period October, 2012 to September, 2013.

Government for Stable Tax Regime, says the Finance Minister

December 19, 2012 456 Views 0 comment Print

The Union Finance Minister, Shri P. Chidambaram said that the Government is fully committed to provide best possible facilities to the tax payers for better tax compliance and revenue augmentation. He said that our focus is always to have a reasonably stable tax regime which is in the interest of both the tax payers as […]

When there is detailed scrutiny with regard to an issue, no re-opening for mere change of opinion

December 19, 2012 1877 Views 0 comment Print

At time when query was raised under the head ‘Selling & Distribution Expenditure’, had there been insistence that TDS was required to be deducted and the amount specified to the tune of Rs. 22,70,869 was not required to be allowed as Trade Incentive without deducting TDS, the same ought to have been reflected somewhere in the computation of income and that would have bearing on the computation itself.

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