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HC dismisses Revenue Appeal for Non-Service of Notice of hearing

April 25, 2012 648 Views 0 comment Print

Hon’ble Supreme Court in the case of Para Laminates (P.) Ltd.’s held that the Tribunal is entitled to exercise all incidental and ancillary powers which are reasonably necessary for performing the adjudicative functions. Applying the aforesaid principles, it clearly follows that it was obligatory on the part of the I.T. authority to effect service of notice of hearing on the assessee since the service could not be effected by post at the address given by the revenue in the memorandum of appeal.

Notification No. GSR 318(E)-Income Tax Dated 25/4/2012

April 25, 2012 757 Views 0 comment Print

Notification No. GSR 318(E)-Income Tax In exercise of the powers conferred by section 12 of the Government Savings Certificates Act, 1959 (46 of 1959), the Central Government hereby makes the following rules further to amend the National Savings Certificates (VIII Issue) Rules, 1989, namely:- 1. (1) These rules may be called the National Savings Certificates (VIII Issue) (Amendment Rules), 2012.

Loss due to fluctuation in foreign exchange liabilities allowable

April 25, 2012 2614 Views 0 comment Print

The assessee debited an amount of Rs.17,34,716/- being foreign exchange loss that arose due to re-statement of current liabilities. The liability had arisen in the earlier years due to consultancy services rendered by Alfred Mcalphine, UK. The assessee contended that the loss arising due to fluctuation in foreign exchange liabilities, when such liabilities are re-instated as on 31st March, is ascertained liability and not contingent liability. The AO rejected the contention of the assessee.

Cost of construction based upon actual expenditure most appropriate for computation of capital gain

April 25, 2012 19041 Views 0 comment Print

We have considered the facts of the case and submissions made before us. According to us, the best evidence regarding cost of construction is from Devika, who constructed the building. In response to summons u/s 131, Devika filed a copy of the agreement, an unsigned valuation report prepared by Shri Charanjit S. Shah and a copy of balance-sheet as on 31.03.2002. The balance-sheet shows capital work-in-progress as on 31.03.2002 at Rs.2,50,30,642/-, half of which amounts to Rs. 1,25,15,372/-.

CBI Clarification in Case of Alleged Clandestine Silk Imports in Collusion with Senior Customs Officials

April 25, 2012 813 Views 0 comment Print

Reports have been published in a section of the Media indicating that CBI is likely to Close a case against five senior officers of the Indian Customs and Central Excise, who were charge-sheeted for alleged clandestine silk imports in collusion with Senior Customs & Central Excise officials.

HC have no jurisdiction to entertain Award petition which is also Pending in Malaysian Court

April 25, 2012 774 Views 0 comment Print

In view of the judgment of the Supreme Court in Videocon Industries Ltd. v. Union of India this Court would not have jurisdiction to entertain the present challenge to the impugned Award by way of a petition under Section 34 of the Act. In this view of the matter, the preliminary objection of the Respondent to the maintainability of the present petition under Section 34 of the Act requires to be upheld. This will not preclude, of course, the Petitioner from seeking other appropriate remedies that may be available in accordance with law.

Priority Sector Lending-Indirect Finance to Housing Sector

April 25, 2012 657 Views 0 comment Print

Pursuant to the announcement made by Union Finance Minister in the Union Budget for the year 2012-13, it has been decided to increase the limit from Rs.5 lakh to Rs.10 lakh for the bank loans extended to non-governmental agencies, approved by NHB for their refinance, for on-lending for the purpose of construction/reconstruction of individual dwelling units or for slum clearance and rehabilitation of slum dwellers.

NIL Service Tax Return late filling penalty – BAAP RE BAAP

April 25, 2012 42890 Views 0 comment Print

Budget 2011-12 has made many significant changes in Service Tax and also gave emphasize to penal provisions including prosecution. Section 70 of Finance Act, 1994 reading with Rule 7 of Service Tax Rules, 1994 mandates every service tax payer to file half yearly return within 25 days. If the return is not filed within the time specified then following amount of penalty is levied:

ESIC – No Need to Submit Hard Copy of Returns from March 2012

April 25, 2012 21042 Views 0 comment Print

it has been decided by Hqrs Office that for the Contribution Period Ending March 2012 also employers are not required to submit the hard or soft copies of Return of Contributions. The copy of the letter no 67/Dir/Misc/SPOC-REV dated 8/11/2011 is also being attached for necessary action.

Procedure for Conversion of Partnership firm into company

April 25, 2012 101404 Views 46 comments Print

Conversion of Firm under Part IX of the Companies Act, 1956 :- The firm may be converted into a company by following the provisions of Part IX of the Companies Act, 1956. Sections 565 to 581 deal with conversion of firms into a company under the Companies Act, 1956.

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