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Arbitration and Conciliation Act, 1996 —Inherent lack of jurisdiction

March 10, 2011 1958 Views 0 comment Print

Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 — provisions of — whether applicable — execution of an agreement in regard to maintenance of water supply and electrical works in different parts of Gwalior Municipal Corporation area — a work order was issued to the appellant by the respondent — bills were not paid — the designate of the Chief Justice appointed an independent arbitrator — the arbitrator made award however, the High Court set aside the orders holding that the arbitral award passed by the sole arbitrator was without jurisdiction as the dispute raised by the appellant could only be decided by the statutory arbitral tribunal constituted under the 1983 Adhiniyam and therefore the sole arbitrator appointed by the designate of Chief Justice under section 11(6) of the Act lacked inherent jurisdiction to decide the disputes

MVAT: Govt extends period of limitation for assessments for period 2008-09 onwards

March 10, 2011 2728 Views 0 comment Print

With a view to streamline the provisions relating to assessment of dealers, it is proposed to amend the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005), as follows :— (a) to delete section 21 relating to issuance of notice for assessment; and (b) to amend section 23 with a view to extend the period of limitation for assessments for the period 2008-09 onwards by one year, with effect from the 1st April 2005.

ICSI – 8th Residential Management Skills Orientation Program on May 14th to May 29th 2011

March 10, 2011 1156 Views 0 comment Print

ICSI – Centre for Corporate Governance, Research & Training (CCGRT) is organizing its 8th Residential Management Skills Orientation Program (MSOP) from Saturday, May 14th to Sunday, May 29, 2011. All the final passed candidates from anywhere in India and having completed TOP and Management Training or been exempted from training are eligible to attend.

Sevottam Kendra of Income Tax, Kochi gains critical mass

March 10, 2011 1011 Views 0 comment Print

The Sevottam Centre, Kochi which had become operational from August 2009 has come of age and has attained critical mass now. Out of the total Dak of 13692 received, 11742 nos have been resolved till date – 86%. The centre has become fully functional in all respects and has been able to attain all the objects for which it has been set up.

Even if income is assessed by estimation on GP rate disallowance u/s. 40A(3) can be made

March 10, 2011 3827 Views 0 comment Print

The argument that if income is assessed by estimation on GP rate, no other disallowance can be made is not of universal application. If expenditure which is legally not permissible has been taken into account that can certainly be disallowed even where income is estimated. Though the provisions of block assessment are special, the argument that they are a complete Code and the other provisions cannot apply is not acceptable. Section 40A(3) of the Income tax Act applies to block proceedings

Clause forfeiting bid security illegal – Delhi HC

March 10, 2011 1695 Views 0 comment Print

The Delhi high court last week held that the clause in a tender document for building contract permitting 5 per cent bid security amount to be forfeited in case of a non-responsive bid is “clearly penal in nature and thus provisions of Section 74 of the Contract Act would apply.” It cannot be categorized as a reasonable pre-estimate of damages for a non-responsive bid and thus the bank guarantee for 5 per cent of the bid amount cannot be encashed in such an eventuality. The high court ruled this in the case of IVRCL Infrastructure and Projects Ltd vs National Highway Authority of India. The “request for proposal” submitted by the firm for a road project in Tamil Nadu being responsive, the forfeiture was illegal the firm was entitled to refund of the amount from NHAI, the judgment said.

Scrap spectrum since 2003 if Raja's policy is illegal – SC

March 10, 2011 970 Views 0 comment Print

The telecom companies, under scruitny for having benefited in 2G spectrum scam, today told the Supreme Court that allocation of the air waves since 2003 should be scrapped if the first-come-first serve policy adopted during the tenure of former Telecom Minister A Raja is held illegal. In a clear reflection of the war among telecom players, senior advocate Harish Salve, appearing for Etisalat DB Telecom Pvt Ltd, submitted the government never followed the policy of auction for 2G spectrum allocation and many companies benefitted by getting additional radio waves without any charge since 2003.

Hassan Ali Khan- India's largest tax defaulter – Lets know about him

March 10, 2011 5790 Views 0 comment Print

The country’s highest court — the Supreme Court of India — on Tuesday mulled invoking terror and other stringent penal charges against Pune stud-farm owner Hassan Ali Khan who has been accused of massive money laundering and tax evasion and for his alleged links with arm dealers and people linked to terror activities.

Mistakes in Budget Bulletins, 2011 related to Custom Duty, Central Excise and Service Tax

March 10, 2011 2178 Views 0 comment Print

Consequent upon the printing and publishing of the Budget Bulletins, 2011 (both Customs and Central Excise & Service Tax), the Directorate of Publicity and Public Relations has subsequently been informed that the following corrections are required to be incorporated in the above said Budget Bulletins, 2011.

Income Tax demand on Hasan Ali raised to Rs. 62,000 crore

March 10, 2011 1078 Views 0 comment Print

The Income Tax department has raised to Rs. 89,000 crore its total tax demand on Hasan Ali Khan and his associates with the businessman himself having to cough up around Rs. 62,000 crore.The IT department, which earlier had raised a total tax demand of Rs. 71,845 crore on Mr. Khan and his associates, has now included a 24 per cent penalty on this amount as the assessment on them was made in 2008, according to the department sources.

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