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Supreme Court rules write off of debt is sufficient for claiming bad debts

March 7, 2010 14150 Views 0 comment Print

In a recent ruling Supreme Court in the case of TRF Ltd. on the issue of whether a taxpayer, while claiming deduction of bad debts in its return of income, is required to establish that the debts have, in fact, become irrecoverable. The SC held that post the amendment to Section 36(1)(vii) (Section) of the Indian Tax Law (ITL), for claiming deduction of bad debts

Budget 2010: Direct and Indirect Tax Proposals for Oil and gas Sector

March 7, 2010 726 Views 0 comment Print

Last year’s budget had introduced an investment linked tax incentive for specified business including the business of laying and operating a cross country natural gas or crude or petroleum oil pipeline network for distribution, including storage facilities being an integral part of such network. One condition for availing this benefit was that not less than one–third of the total pipeline capacity is available for use on common carrier basis.

Major Highlights of Karnataka State Budget 2010 -11

March 7, 2010 6141 Views 0 comment Print

VAT exemption on paddy, rice, wheat, pulses and products of rice and wheat extended for one more year from 1.4.2010. Tax on Masala Powder Mixtures, Macaroni, Sports Trophies, Shields and Medals, all kinds of scrap, Electric generators of less than 15 KVA, railway concrete sleepers, school bags costing up to Rs 200, reduced from 12.5 % to 5 %.

CA Placement : Top Salary zooms to 70 lakh

March 7, 2010 16897 Views 0 comment Print

Creating a record in its placement history, the Institute of Chartered Accountants of India (ICAI) has placed three of its candidates at a record salary of close to Rs 70 lakh with Singapore-based Olam International. This is the highest ever salary offered to fresh CAs recruited from the ICAI campus, the apex body that conducts the CA examination and places the successful candidates every year. Earlier, a record salary of Rs 38.25 lakh was offered in 2007.

Remittance to Non-Residents and Frequently Asked Questions related to Withholding Tax Obligations and recent Challenges before Indian Revenue

March 7, 2010 5499 Views 0 comment Print

The Indian income-tax law requires any person who makes remittance to a non-resident to withhold appropriate tax which corresponds to the income-tax liability of the non-resident. Essentially, there are three modes available to the remitter to determine the Withholding Tax (WHT) liability. The remitter could approach the Authority for Advance Rulings (‘AAR’) for a ruling, or the Indian Revenue for a WHT order.

Search and seizure under the Income Tax Act, 1961

March 7, 2010 153634 Views 3 comments Print

“Search and Seizure”, the origin of these provisions will in a few years celebrate its golden jubilee. It was since 1956 that the provisions of search and seizure made its first entry into the Income Tax Act. Section 132 was totally substituted by the Finance Act, 1964. After section 132 underwent a through overhaul in the year 1976, to committees had made certain recommendations on search and seizure provisions (i) The Raja Chellaiah Committee and, (ii) The Kelkar Committee. It is seen that the recommendations affecting the substantive law have been given effect to in respect of majority of such recommendations; the assessee friendly measures recommended by these committees have not been given any serious considerations.

Speculation loss can be set off against delivery based profits

March 6, 2010 1156 Views 0 comment Print

The assessee earned a profit on sale of shares held as stock-in-trade. This profit was offered as profit from a ’speculation business’ and was set off against a ’speculation loss’ brought forward from an earlier assessment year. The AO took the view that the profit from sale of shares was not from a ’speculation business’ on the ground that the assessee

Things to considering while selling property

March 6, 2010 513 Views 0 comment Print

Rights and liabilities:- In any contract for sale or purchase of property, both the buyer and the seller have certain rights and corresponding liabilities to each other. The law also establishes such rights in the rule book. The main provisions that relate to this aspect are covered under the Transfer of Property Act. According to the act, in the absence of a contract to the contrary, a seller of property has certain rights and is subject to some liabilities.

ITAT has no power u/s 254 (2) to re-evaluate correctness on merits of earlier decision

March 6, 2010 904 Views 0 comment Print

The assessee claimed deduction u/s 80HHC which was allowed to the extent of Rs. 32.17 crs by the AO. The claim included DEPB license sale proceeds. The CIT revised the assessment u/s 263 on the ground that s. 28 (iiia) did not apply to a DEPB license and its proceeds were not eligible for deduction u/s 80HHC. The assessee filed an appeal before the Tribunal

SEBI extends ambit of employee’s quota to include staff of subsidiaries in public issue of Parent Company

March 6, 2010 357 Views 0 comment Print

Market regulator SEBI today decided to expand the scope of employees quota in public issues of companies by making staff of subsidiaries eligible to paticipate in such offers made by the parent firm. Besides, the Securities and Exchange Board of India (SEBI), in its meeting here decided that institutional investors will have to pay upfront 100 per cent money in primary issues like retail investors.

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