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AAR on admissibility of legal expenses claimed by a non-resident company for transfer of its shares held in an Indian listed company

February 10, 2009 1558 Views 0 comment Print

12. The applicant has given the details of legal proceedings that preceded the transfer of shares starting from the filing of Company Petition No. 19/2007 and 133 of 2007 by the Indian Promoters and by the applicant respectively before the Company Law Board (CLB). These Company Petitions were filed under Section 397 and 398 of the Companies Act for relief against oppression of minority shareholders

CA Exam Dates Announced

February 10, 2009 1770 Views 0 comment Print

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA – NEW DELHI ANNOUNCEMENT 6th February, 2009 The Professional Education – II, Professional Competence Course (PCE) and Final Examinations of the Institute will be held from  1st to 15th June, 2009 at the following centres : 1) Centres in India –Agra,Ahmedabad, Ahmednagar, Ajmer, Akola, Alappuzha, Allahabad, Alwar, Ambala, […]

Allowability of deduction under section 10B of IT Act prior to setting off of depreciation allowance

February 10, 2009 1343 Views 0 comment Print

6. Having heard both the parties and having considered their rival contentions, we find that the only dispute before us is as to whether deduction u/s.10B is to be allowed prior to the set off of the depreciation allowance and whether the unabsorbed depreciation of earlier years would form part of the current year’s depreciation. It is not in dispute that the assessee is eligible for deduction u/s.10B of the Income tax Act

Mayawati wins again in ITAT – can gift to a politician be treated as Professional income?

February 10, 2009 693 Views 0 comment Print

Mayawati wins again in ITAT – can gift to a politician be treated as Professional income? – Gift of Rs 11 Lakhs allowed by AO after proper inquiry and consultation with CIT – Commissioner’ s Review order quashed: ITAT KM Mayawati the beloved Chief Minister is in the habit of getting huge gifts from her […]

Promoters continue to pledge shares despite the big risk involved

February 10, 2009 378 Views 0 comment Print

If the Satyam and Orchid Chemicals and Pharma episodes are any indication, promoters pledging shares can be an extremely sordid affair  and can leave ordinary investors in the lurch. But promoters, unperturbed, continue to pledge a large chunk of their stake with banks and financial institutions. The pledged shares in some cases touch 20% to […]

Shift to PSU banks to get Lower Rate on Your Home Loan

February 10, 2009 477 Views 0 comment Print

Home loan borrowers are increasingly shifting loans from private sector mortgage lenders to public sector banks (PSBs) to take advantage of the wide difference between the interest rates for existing borrowers of private lenders and new borrowers of PSBs, said executives of two public sector banks. Take the case of Rajat Sharma (name changed), a […]

Rajus pledged entire 15.14% stake in Maytas to lenders

February 10, 2009 417 Views 0 comment Print

Maytas Infra on Monday said three of its promoters, including Ramalinga Raju and Rama Raju, have pledged their entire holding of 15.14 per  cent in the company to lenders. Ramalinga Raju, the former Chairman of fraud-hit Satyam Computer, has pledged his entire holding of 48.54 lakh shares representing 8.25 per cent of the paid up […]

Determination of income from sale of flats during development of a project by a developer

February 10, 2009 796 Views 0 comment Print

24. The first question arises in these appeals is whether the assessee is bound to account for the profits on the sale of flats in respect of which possession was handed over by the assessee to the buyer, and the amount of consideration was also realized and was also paid directly to the bank. In this case, the ultimate registration of the sale document in favour of the buyer is not relevant. What is relevant is whether the construction of a particular flat is completed and the possession was actually handed over by the assessee to the buyer.

Where penalty under section 271(1)(c) of IT Act read with Explanation 1 thereto cannot be invoked

February 10, 2009 2753 Views 0 comment Print

5.6 There cannot be a straight jacket formula for detection of these defaults of concealment or of furnishing inaccurate particulars of income and indeed concealment of particulars of income and in accurate particulars of income may at times overlap. It depends upon the facts of the each case. In the assessment proceedings the ITO while ascertaining the total income chargeable to tax would be in a position

Interest On FDR Out Of Temporary Surplus Business Funds Is Business

February 10, 2009 8003 Views 0 comment Print

In the course of business and profession many times advance money is received from customers and clients. The advance money or deposits are received for the purpose of execution of agreed work to be done which may involves supply of goods, rendering of services, execution of contracts, payments to other concerned parties, incurring expenses on behalf of customers and clients etc. Therefore, such advances

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