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Land do not form part of Block of Assets & cannot be treated as short term capital assets

April 14, 2012 9662 Views 0 comment Print

Assessee has produced valuation report at the time of purchase as well as sale. In Remand, Assessing Officer has not pointed out any lacunae in the same. Moreover, the cost of land so bifurcated was being already reflected in the books of accounts and no depreciation was claimed on that account. In the case of C.I.T. vs. D.C. Ramachandra Rao 236 ITR 51, Hon’ble Madras High Court has held that it is possible to bifurcate the capital gain arising out of sell of land and building, even if, they are sold as one unit. Land is an independent and identifiable capital asset and it continues to remain so, even after construction of building thereon

s.40(a)(ia) apply only to expenditure remaining payable

April 13, 2012 3947 Views 0 comment Print

Provisions of sec.40(a)(ia) would apply only to the expenditure which remain payable as at the end of the relevant financial year. Assessee entitled to claim deduction of expenses if the TDS deducted there on is remitted before the due date for filing the return of income.

Benefit of ‘nil’ annual value u/s 23(2) available to HUFs also

April 13, 2012 3273 Views 0 comment Print

Provisions of section 23(2) make it clear that benefits of relief in respect of self-occupied property is available only to owner who can reside in his own residence, that means, benefit of relief is available to self-occupied property only to an individual assessee and not to an imaginary assessable entity/fictional entity such as a partnership firm. Various High Court decisions denying relief under section 23(2) to partnership firms cannot be invoked to deny relief to a HUF since unlike a firm which is a fictional entity and cannot physically reside and so cannot claim benefit of provision, HUF cannot be held to be a fictional entity.

Profit on sale of Compulsory Convertible Debentures taxable as interest

April 13, 2012 1747 Views 0 comment Print

the Authority for Advance Rulings (AAR) in the case of Z (A.A.R. No.1048 of 2011) held that income from sale of Compulsory Convertible Debentures (CCDs) by the applicant is taxable in India as ‘Interest’ under Section 2(28A) of Income-tax Act,1961 (the Act) and Article 11 of India-Mauritius tax treaty (tax treaty). Further the AAR held that sale of Indian company shares by a Mauritius company is not exempt under the tax treaty.

Delhi High Court rejects Bail plea of Delhi CX Commissioner in Rs. 60 Lakh Bribe Case

April 13, 2012 2817 Views 0 comment Print

Briefly stating the facts are that Hemant Gandhi was acting as a middleman for accused Dr. A.K. Srivastava and Lallan Ojha, who were respectively posted as Commissioner and Superintendent of Central Excise at the relevant time. The allegations are that they were involved in obtaining illegal gratification by corrupt and illegal means from the businessmen. Further the allegations are that they had conspired to conduct an unauthorized raid at the business premises of Dalip Aggarwal and Anand Aggarwal.

Trading Strategies for investments in Stock market

April 13, 2012 1324 Views 1 comment Print

Stock Market are subject to Market Risk. Do the Fundamental analysis and review past performance. Read and understand basic Terminology of stock Market. Strictly adhere to Stop loss.

Listed public and private sector companie must increase public holding by 25 % by August 2013

April 13, 2012 807 Views 0 comment Print

Capital market regulator, SEBI today said both public and private sector companies will have to increase public shareholding to a minimum of 25 per cent by August 2013 and there will be no relaxation of the guidelines. SEBI Chairman Mr. U K Sinha told this to reporters on the sidelines of Bombay Stock Exchange function in Mumbai today.

New thinking required in areas such as Investor Education and Protection, Corporate Governance, Corporate Social Responsibility & Competition Law -PM

April 13, 2012 729 Views 0 comment Print

Prime Minister Inaugurates the New Campus of Indian Institute of Corporate Affairs Campus in Manesar Gurgaon. Dr. Manmohan Singh Stress upon need of Periodical Review of Corporate Laws. Says new thinking is required in important areas such as Investor Education and Protection, Corporate Governance, Corporate Social Responsibility and Competition Law

Order No. 67 of 2012- Transfer & Promotion of ACIT Probationers

April 13, 2012 522 Views 0 comment Print

ORDER NO. 67 OF 2012 -The following Assistant Commissioners of Income Tax (Probationers) in the pay scale of Rs. 15,600-39,100 (Plus Grade pay of Rs. 5.400 in PB-3), on completion of training at National Academy of Direct Taxes, Nagpur. are hereby posted in the Region of CCIT/CCA/Station/Charge indicated against each with immediate effect and until further orders:-

Processing of investor complaints against listed companies in SEBI Complaints Redress System (SCORES)

April 13, 2012 1481 Views 0 comment Print

SEBI has commenced processing of investor complaints in a centralized web based complaints redress system ‘SCORES’. Pursuant to SEBI Circular no. CIR/OIAE/2/201 1 dated June 03, 2011 on the captioned subject, all listed companies are required to obtain authentication on SCORES.

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