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How High Court’s intervention in SARFAESI ACT matters justified?

March 15, 2012 3786 Views 0 comment Print

No one can defend a willful defaulter and no one can possibly object to the need of providing a special legislation to enable the Banks to recover their dues speedily and thus reduce their ‘Non-performing Assets’. Constitutional validity of ‘The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002’ (in short ‘SARFAESI’) was upheld by the Supreme Court and the Courts have given guidelines from time to time as to how to interpret various provisions of SARFAESI Act, 2002.

Section 101A of the Insurance Act, 1938 – Re-insurance with Indian re-insurers – Specified percentage & terms & conditions for re-insurance cessions to “Indian Re-insurer” in compliance with section 101A

March 15, 2012 4649 Views 0 comment Print

Notification F.No.IRDA/RI/1/57/2012, dated 15-3-2012 In exercise of the powers conferred by sub-section (2) of section 101A of the Insurance Act, 1938, the Authority, after consultation with the Advisory Committee constituted under section 101B of the Insurance Act, 1938 and with the previous approval of the Central Government, hereby makes the following notification namely:-

Highlights of Economic Survey 2011-12 – Survey Pegs GDP Growth At 6.9% in 2011-12

March 15, 2012 894 Views 0 comment Print

Rate of growth estimated to be 6.9%. Outlook for growth and stability is promising with real GDP growth expected to pick up to 7.6% in 2012-13 and 8.6% in 2013-14. Agriculture and Services sectors continue to perform well. 2.5 % growth in Agro sector forecast. Services sector grows by 9.4 %, its share in GDP goes up to 59%.

Payments for transponder hire charges cannot be treated as ‘royalty’

March 15, 2012 2881 Views 0 comment Print

ITAT Mumbai ruling: Transponder2hire charges not ‘royalty.’ Times Global wins tax case vs. DCIT for A.Y. 2007-08. Consultancy fee allowed. Full details here.

Notice sent by post within time but not served will be deemed as served within time

March 15, 2012 2076 Views 0 comment Print

Non-availability of the acknowledgement of the receipt cannot be the sole basis on which the order made can be annulled. The fact that notice was not served on the assessee has to be established by considering all relevant facts. The dispatch number on face of notice is a relevant fact. Once the notice has been issued at the correct address by speed post and same has not been received back then it will be deemed to be served. Therefore, CIT (A) is directed to decide the issue after taking all these relevant facts into consideration.

Companies Bill, 2011 requires more disclosures/declarations by companies,promoters, first directors at Incorporation

March 15, 2012 6190 Views 0 comment Print

Companies Bill, 2011 provides for more detailed requirements in the form disclosures/declarations to be made by companies, and their promoters/first directors at the time of Incorporation. Detailed disclosure requirements on continuous basis have also been provided. Additionally, the Bill seeks enhancement of accountability through various clauses of the Bill viz appointment and accountability of Key Managerial Personnel, defining role of independent directors and enhanced penalties/fine/imprisonment etc.

s.263 Order without giving reson for observing that the order passed by AO erroneous is invalid

March 15, 2012 1517 Views 0 comment Print

ITO V/s. DG Housing Projects Ltd. In the present case, the findings recorded by the Tribunal are correct as the CIT has not gone into and has not given any reason for observing that the order passed by the AO was erroneous. The finding recorded by the CIT is that order passed by the AO may be erroneous.

ICAI seeks suggestions to strengthening the portfolio of Practitioners and Firms

March 15, 2012 537 Views 0 comment Print

The Committee for Capacity Building of CA Firms and Small & Medium Practitioners (CCBCAF & SMP) was formed by combining previously formed Committees, Committee for Capacity Building of CA Firms and Committee for Small & Medium Practitioners. Initially, this Committee had thought to establish for facilitating consolidation and capacity building of CA firms in order to address various problems faced by CA firms and to conceptualize and implement various means for strengthening their capacity as well as providing comprehensive guidelines for consolidation of CA firms. Similarly, Committee for Small & Medium Practitioners was formed to empower Small & Medium Practitioners to assimilate and apply ways for carrying out their profession in efficient manner. Thus, the ultimate objective of the Committee is to strengthen CA firms as well as Small & Medium Practitioners to rejuvenate their practice portfolio.

Reopening U/s. 147 even within 4 years, on basis of retrospective amendment invalid

March 15, 2012 1618 Views 0 comment Print

The fact that the Assessing Officer in the assessment proceedings under section 143(3) of the Act did not give any opinion regarding the allowability or otherwise of deduction u/s 80IB (10) of the Act is not a ground of invoking Section 147 of the Act.

Excel Tips – How to Quickly fill Blank Cells in a list?

March 15, 2012 3465 Views 0 comment Print

Many times in a list, especially so when it is imported from a database, cells down below that have same headings or subheadings are left blank for the sake of easier readability. For eg. See the screenshot below. Excel Tips-3

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