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Amendments Proposed in Provisions Relating to GAAR

May 16, 2012 1210 Views 0 comment Print

The following government amendments have been proposed in the provisions relating to General Anti-Avoidance Rules (GAAR) contained in the Finance Bill 2012. i) To remove the onus of proof from the tax-payers to the Revenue Department before any action can be initiated under GAAR. ii) To introduce an independent member, not below the rank of Joint Secretary from the Ministry of Law, in the GAAR approving panel to ensure objectivity and transparency.

Conversion of EEFC balances into rupee balances will only be applicable to available balances in EEFC account

May 16, 2012 6224 Views 0 comment Print

Based on various queries received from Authorised Dealers, it is clarified that the conversion of the EEFC balances into rupee balances will only be applicable to available balances in the EEFC account which may be arrived at by netting off earmarked amounts on account of outstanding forward / option contracts booked before May 10, 2012.

Handling of Cargo in Customs Areas Regulations, 2009 – Amended

May 16, 2012 3235 Views 0 comment Print

Notification No. 43/ 2012-Customs (N.T.) 1. (1) These regulations may be called the Handling of Cargo in Customs Areas (Amendment) Regulations, 2012. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Handling of Cargo in Customs Areas Regulations, 2009, (hereinafter referred to as the said regulations),-

MVAT Notification for Schedule D, Entry 5 and 10

May 16, 2012 1269 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 9 of the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005), the Government of Maharashtra hereby amends Schedule ‘D’ appended to the said Act, with effect from the 1st June 2012, as follows, namely :— .

MVAT – Schedule Appended to Schedule Entry D-5 & D-10

May 16, 2012 2360 Views 0 comment Print

In pursuance of the powers conferred by clause (a) of entry 5 of Schedule ‘D’ appended to the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005), the Government of Maharashtra hereby notifies with effect from the 1st June 2012, the areas and the period as shown in column (2) and column (3), respectively of the SCHEDULE appended herewith, to be areas and periods covered for the purpose of clause (a) of the said entry 5, namely :—

Transfers of ITAT Members (May 2012)

May 16, 2012 1997 Views 0 comment Print

Vide Order dated 11.5.2012 passed in Pursuance of the consultations of the collegiums of the Income tax Appellate Tribunal consisting of the President and two senior-most Vice-Presidents, the following Members of the Income Tax Appellate Tribunal have been transferred,

Amendment to Scheme of Authority For Advance Ruling In Case of GAAR

May 16, 2012 796 Views 0 comment Print

The Finance Bill, 2012 as passed by the Lok Sabha amends Sections 245N and 245R wef April 1, 2013. After the amendment any person (resident or non-resident) may make an application to AAR for determination by it whether an arrangement, which is proposed to be undertaken by him/it, is an impermissible avoidance agreement as referred to in Chapter X-A or not.

If facts are same then ITAT has to its follow its earlier decision

May 16, 2012 906 Views 0 comment Print

The assessee is a company engaged in management consultancy, implementation of internal controls, system audits, arranging finance from financial institutions and financing and advisory services in the capital markets. It is also doing NBFC business and is a Non-banking Finance Company registered with the Reserve Bank of India and is engaged in financing business sine 1986. During the impugned assessment year it disclosed long-term capital gain of Rs. 43,16,233/- along with short-term capital gain of Rs. 13,21,932/- (STT paid) and STGS of Rs. 19,865/-.

CA student Commit Suicide on failure in Exam

May 16, 2012 4085 Views 0 comment Print

A girl student allegedly committed suicide by hanging herself with a ceiling fan after she remained unsuccessful in Chartered Accountant (CA) exams in Kathua district of Jammu and Kashmir.

Merely because there was no evidence of denial or rebuttal, the plaintiff’s case could not be held to have been proved

May 16, 2012 15140 Views 0 comment Print

High Court was legally justified in setting aside the judgement and decree of the trial court and allowing the appeal to the limited extent of remanding the matter to the trial court for a de-novo trial after permitting the defendant-respondent to file the written statement. The appeal consequently stands dismissed.

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