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Taxes on mineral rights- SC refers matter to Bench of nine-Judge

March 30, 2011 8034 Views 0 comment Print

Whether ‘royalty’ determined under Sections 9/15(3) of the Mines and Minerals (Regulation & Development) Act, 1957 (Act 67 of 1957,  as amended) is in the  nature of tax?

CESTAT bench must follow decision of coordinate bench

February 10, 2011 3378 Views 0 comment Print

Explore the CESTAT judgment upholding precedent decisions on EOU duty discharge and DTA sale eligibility. Know the legal insights in this insightful read.

Penalty U/s. 271E not valid in absence of finding in order of AO with regard to applicability of section 269T

January 14, 2011 1386 Views 0 comment Print

Where in case of assessee there was only processing of return under section 143(1)(a) and, there was no finding in order of AO with regard to applicability of section 269T to assessee’s case, no penalty under section 271E was permissible.

Report of the expert committee on company law

October 2, 2010 3021 Views 0 comment Print

Background 1. The Companies Act 1956 was enacted on the recommendations of the Bhaba Committee set up in 1950 with the object to consolidate the existing corporate laws and to provide a new basis for corporate operation in independent India. With enactment of this legislation in 1956, the Companies Act 1913 was repealed. 2. The […]

CBDT circular lays down guidelines for seizure of jewellery & ornaments

July 19, 2010 2241 Views 0 comment Print

Although Circular has been issued for the purpose of non- seizure of jewellery during the course of search, the basis for the same recognizes customs prevailing in Hindu Society. In the circumstances, unless the revenue shows anything to the contrary, it can safely be presumed that the source to the extent of the jewellery as stated in the Circular stands explained.

Payments from Indian Hotel Owner for Global Reservation Services is Business Income: AAR

May 24, 2010 1110 Views 0 comment Print

The payments received by the Applicant from the Indian hotel owner for provision of global reservation services (‘GRS’) would be chargeable to tax in India under section 9(1)(i) read with Articles 5 and 7 of the India-Luxembourg DTAA as business income and is attributable to the Applicant’s permanent establishment in India.

TDS U/s. 194C not applicable on hiring charges paid to transporter or truck owners in absence of any written or oral contract

December 4, 2009 24555 Views 1 comment Print

When hiring of trucks and payment thereof was not in consequence upon any written or oral agreement, the natural outcome is that the provisions of section 194C, as has been held in the decisions referred to herein before, were also not applicable to the assessee’s case

A transaction fully supported by documentary evidences cannot be brushed aside on suspicion & surmises

August 26, 2008 1380 Views 0 comment Print

Unlock the Calcutta High Court’s perspective on Section 68 and Bogus Capital Gains from Penny Stocks in the case of CIT Vs. M/s. Alpine Investments. Dive into the court’s thorough examination of the matter, emphasizing the significance of documented evidence such as contract notes and bills in supporting share transactions. Despite initial suspicions, the Tribunal dismissed the appeal (ITA No.620 of 2008), asserting that transactions backed by strong documentary evidence cannot be dismissed on mere suspicion. Explore the detailed order/judgment to understand the court’s reasoning, background of the case, the search and seizure operation, and subsequent assessment proceedings. Gain valuable insights into how the court weighed conflicting statements, including the deposition of Mr. Kamlesh A. Rupani, and upheld the authenticity of share transactions. Stay informed about the court’s dismissal of any substantial question of law in this matter.

Senior Citizens Savings Scheme Rules, 2004

October 29, 2004 531 Views 0 comment Print

(1) These rules may be called the Senior Citizens Savings Scheme Rules, 2004. (2) They shall come into force on the 2nd day of August, 2004.

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