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Cost audit fee & Limit on number of compliance reports

November 7, 2012 1072 Views 0 comment Print

Ministry of Corporate Affairs, Cost Audit Branch, invites comments/ suggestions on regulating Cost Audit Fee and fixing limit on the no. of Compliance Reports

Highest bidder do not get a vested right in property sold during auction by Income Tax Department

November 7, 2012 1569 Views 0 comment Print

The proclamation of sale and holding a public auction are only the initial steps towards sale of immovable property of a tax defaulter to recover such amount through sale of his properties. The highest bidder, whose offer is accepted, during such public auction, has the responsibility to deposit 25 per cent of the purchase money on spot, failing which, the acceptance of offer stands revoked.

Deduction u/s. 80-IB(8A) allowable if approval not withdrawn

November 7, 2012 1895 Views 0 comment Print

Sub-rule (3) of rule 18DA itself provides the consequence of violation of sub-rule (2). As per sub-rule (3), if at any stage it is found that any provisions of the Act or the rules have been violated, the prescribed authority specified may withdraw the approval so granted. Therefore, if there is a violation of sub-rule (2), the prescribed authority has to take action against the assessee by withdrawing the approval.

‘Jab tak hai Jaan’ won against ‘Son of Sardar’ – CCI finds no contravention

November 7, 2012 4805 Views 0 comment Print

The Competition Commission of India has held that there is no contravention of the provisions of the Act by the alleged agreement between Yash Raj Films Private Limited and its various associated enterprises. The Competition Commission of India passed its order in the case filed by Ajay Devgn Films against Yash Raj Films Private Limited.

India – Uzbekistan Protocol – Articles 1 to 4 and 6 wef 2013-14 & Article 5 from 20-7-2012

November 7, 2012 1345 Views 0 comment Print

Notification No. 49/2012-Income Tax Whereas the annexed Protocol amending the Agreement between the Government of the Republic of India and the Government of the Republic of Uzbekistan for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital

First Financial Year of a company & first AGM – Issues involved

November 6, 2012 188468 Views 9 comments Print

Usually financial year of a company consists of 12 months. However, in some cases it may not be so. In case of newly incorporated company, financial statements have to be prepared from the date of incorporation of the company till the year-end date of the financial year which may not be of 12 months. Similarly in case of subsequent change of financial year by the company, the financial year in the year of such change may not necessarily be of 12 months.

ECB by Small Industries Development Bank of India (SIDBI)

November 6, 2012 787 Views 0 comment Print

On a review of the extant ECB policy, it has been decided to include SIDBI as an eligible borrower for availing of ECB for on-lending to MSME sector, as defined under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006, subject to the following terms and conditions:-

Despite Set Aside For De Novo Consideration, AO Cannot Look At Fresh Issues

November 6, 2012 6472 Views 0 comment Print

In the instant case the powers of the CIT[A] are not questioned but what has been questioned is the powers of the AO in framing a de novo assessment , when the original assessment is set aside laying down the boundaries for framing the set aside assessment .

Bifurcation of rural and urban branches must for deduction u/s. 36(viia)

November 6, 2012 3332 Views 0 comment Print

In the appeal of the revenue by ground no. 2, the department has challenged the conclusion of the learned CIT(A) regarding deduction u/s 36(1)(vii) for bad and doubtful debts written off restricted to the amount in excess of the provision for bad and doubtful debts created in the books of accounts u/s 36(1)(viia) of the Act or it is restricted to the excess of the amount of provision claimed in the return.

Delay in filing appeal required to be construed liberally – HC

November 6, 2012 1853 Views 0 comment Print

The expression ‘sufficient cause’ may be required to be construed liberally, provided adequate and proper reasons exist. Liberal approach is advocated in condoning the delay and not being liberal to sufficiency of the cause where it does not exist.

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