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There is nothing in section 112 which would deprive assessee of indexation claimed on sale of shares where there was a resultant loss

August 23, 2010 1972 Views 0 comment Print

What the proviso to Section 112 essentially requires is that where the tax payable in respect of income arising from a listed security, being a long term capital asset, exceeds 10% of the capital gains before indexation, then such excess beyond 10% is liable to be ignored.

Modification of ANF5A, ANF5B, Appendix 26 and Appendix 26A in Handbook of Procedures Vol.1 (RE:2010)

August 23, 2010 8600 Views 0 comment Print

In case of EPCG Authorisation for Projects as per para 5.1B of Policy, the basic customs duty would be 7.5%. Wherever, CVD is paid in cash and not subsequently Cenvated, CVD would not be taken for computation of net duty saved.

Expression "issue and transfer of securities and non-payment of dividend" in section 55A of Companies Act covers misstatement in prospectus

August 23, 2010 1641 Views 0 comment Print

The very purpose of having an independent regulatory authority like SEBI, and vesting it with statutory powers of inquiry, is to enable it to take prompt action in matters relating to issue and transfer of share; particularly, SEBI is expected to be the sentinel, read the fine print of prospectuses keeping the investors’ interests in view; it has both a preventive and corrective role to perform; therefore, it is not possible to place a narrow interpretation on the words “issue and transfer of securities” occurring in Section 55A.

There cannot be a further liability fastened on a proprietary concern in respect of credit entries which have already suffered tax in hands of a company with which said concern got merged

August 23, 2010 735 Views 0 comment Print

Where the assessee-proprietory concern got merged with a company and the credit entries in the name of the company in the accounts of the assessee came to be assessed to tax at the hands of the company, there could not be a further liability fastened on the proprietary concern which had already suffered tax in the hands of the company with which the proprietary concern got merged.

Bar provided in section 80-IA(3) is to be considered only for first year of claim of deduction u/s 80-IA

August 23, 2010 1217 Views 0 comment Print

The eligibility for the claim of deduction u/s 80-IA by applying the restraints of Sec. 80-IA(3) cannot be considered for every year of the claim of deduction u/s 80-IA but can be considered only in the year of formation of the business.

Amendment in ANF8 Appendix 14-I-G and deletion of Appendix 14-II

August 23, 2010 1279 Views 0 comment Print

The performance of EOUs would be reviewed by the Unit Approval Committee on six monthly basis i.e. April-September each year to be completed in the following quarter on the basis of QPRs/APR to be furnished by the EOUs. The formats of QPR/APR have been prescribed in the LUT at Appendix 14-I-F.

Section 244A r.w. Explanation thereto does not exclude payment of interest on refund of self assessment tax

August 23, 2010 1930 Views 0 comment Print

here the self-assessment tax paid by the assessee under Section 140A is refunded, the assessee should be, on principle entitled to interest thereon since the self-assessment tax falls within the expression “refund of any amount”. The computation of interest on self-assessment tax has to be in terms of Section 244A(1)(b), i.e., from the date of payment of such amount up to the date on which refund is actually granted.

Amendment of ANF 4A and Appendix 11A, related to Advance Authorisation Scheme

August 23, 2010 2751 Views 0 comment Print

Sl No. 4C related to Chartered Engineer’s certificate on import requirement for 4.7 cases, under the “Guidelines for the Applicants” in ANF 4A (Application form for Advance Authorisation) stands deleted and consequently Sl No. 4(d) shall become 4(c).

New bill for voting rights to NRIs introduced

August 23, 2010 597 Views 0 comment Print

The Representation of the People (Amendment) Bill 2010, which seeks to give voting rights to NRIs, was moved in the Rajya Sabha Saturday. Law and Justice Minister M. Veerappa Moily moved the bill after withdrawing its earlier version, the Representation of the People (Amendment) Bill, 2006. The older version of the bill was withdrawn on the recommendations of a parliamentary standing committee which examined the legislation.

Government Panel recommends Customs duty cut on rubber imports

August 23, 2010 729 Views 0 comment Print

The Government-appointed panel to look into the problems of the rubber industry has recommended that the Customs duty on natural rubber imports be brought down to either Rs 20.46 for a kg or 20 per cent, whichever is lower. This comes as a major relief to the consuming industry which has seen a widening divide between the Indian and international price of natural rubber.

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