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CBDT Committee examining Amendment required in Law to Prevent Black Money

August 6, 2011 768 Views 0 comment Print

A Committee headed by the Chairman, CBDT has been constituted to examine ways to strengthen laws to curb generation of black-money in India, its illegal transfer abroad and its recovery. The Committee shall examine the existing legal and administrative framework to deal with the menace of generation of black money through illegal means including inter alia (a) declaring wealth generated illegally as national asset: (b) enacting/amending laws to confiscate and recover such assets; and (c)exemplary punishment against its perpetrators.

16 Imported Luxury Cars Seized between April,2011 to July 2011 for evasion of duty of Rs.4.87 crores

August 6, 2011 898 Views 0 comment Print

Sixteen number of imported luxury cars have been seized in the country during the recent past between April,2011 to July 2011.They are valued at Rs.6.75 crores and involves evasion of duty of Rs.4.87 crores. All Customs field formations have been sensitized and alerted to prevent smuggling of imported cars into the country. Action under the provisions of the Customs Act, 1962 has been initiated against the importers.

RBI’s Monetary Policy Stance Aims to Maintain an interest Rate Environment that Moderates Inflation and Anchors Inflationary Expectation

August 5, 2011 672 Views 0 comment Print

The RBI’s monetary policy stance aims to maintain an interest rate environment that moderates inflation and anchors inflationary expectation. While cost of borrowing goes up, on balance lower levels of inflation would provide greater relief to the common man. On an ongoing basis, Government has been providing interest subventions for key sectors of economy and sections of the society.

Whether when assessee files loss return, Revenue’s appeal is not sustainable on the ground of tax effect being Nil or lower than the monetary limit fixed by the Board ?

August 5, 2011 949 Views 0 comment Print

CIT Vs B D Patel Quarry Works Private Limited (Gujrat High Court)- Appeal filed by the revenue would not be barred by the Board’s circular even if the assessee files a loss in the return on the ground of the tax effect being “Nil” or lower than the monetary limit fixed by the Board and, in such cases, the notional tax effect should be taken into account.

While invoking the provisions of s 40A(2), the reasonableness of expenditure for the purposes of business has to be judged from the point of view of a businessman and not that of the revenue and after considering the nature of the business

August 5, 2011 1297 Views 0 comment Print

Hive Communications Pvt. Ltd. Vs CIT (Delhi High Court) – It is not for the Assessing Officer to dictate what the business needs of the company should be and he is only to judge the legitimacy of the business needs of the company from the point of view of a prudent businessman. The benefit derived or accruing to the company must also be considered from the angle of a prudent businessman.

dditional Director of Income Tax (Investigation) is duly authorised to issue warrants of search in view of the retrospective amendment of s 132(1)

August 5, 2011 822 Views 0 comment Print

CIT Vs Prem Gandhi (Delhi High Court) – In view of the amendment to section 132(1) of the Income Tax Act which has retrospective effect from 1.6.1994, Additional Director of Income Tax (Investigation) is duly authorised to issue warrants of search. Thus, the impugned order passed by the Tribunal is set aside and the matter is remitted back to the Tribunal to decide the appeal of the respondent herein on merits.

Deduction U/s. 36(1)(vii) allowable if amount was advanced in the ordinary course of business

August 5, 2011 1083 Views 0 comment Print

All Grow Finance and Investment Pvt Ltd v CIT (Delhi HC) If the debt is not advanced in the ordinary course of business, it would not qualify for deduction as a bad debt. We are of the view that the only condition laid down in second part of sub-section (2) of Section 36 of the Act is that the amount should be advanced in the ordinary course of business which by itself proves its revenue nature and no further conditions are required to be satisfied which are only applicable with regard to debt qualifying as bad debt in the first part of sub-section (2).

Collecting jewellery of 906.900 grams by a woman in a married life of 25-30 years could not be treated as excessive

August 5, 2011 3559 Views 0 comment Print

Whether the order of the Ld. ITAT is perverse in holding that the entire jewellery found during the search belonged to the appellant and not his wife and was undisclosed income of AY 2006- 07 without any evidence?

Whether issue of notice u/s 143(2) is mandatory for assessment u/s 153A?

August 5, 2011 5268 Views 0 comment Print

Ashok Chaddha Vs ITO (Delhi High Court)- The words “so far as may be” in clause (a) of sub section (1) of Section 153A could not be interpreted that the issue of notice under Section 143(2) was mandatory in case of assessment under Section 153A. The use of the words, “so far as may be” cannot be stretched to the extent of mandatory issue of notice under Section 143(2).

Notification No. 70/2011-Customs, Dated-5th August, 2011

August 5, 2011 699 Views 0 comment Print

Notification No. 70/2011-Customs The anti-dumping duty imposed shall remain in force for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be payable in Indian currency.

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