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RULE 11 -Goods to be removed on invoice

October 3, 2007 7297 Views 0 comment Print

(1) No excisable goods shall be removed from a factory or a warehouse except under an invoice signed by the owner of the factory or his authorized agent and in the case of cigarettes, each such invoice shall also be countersigned by the Inspector of Central Excise or the Superintendent of Central Excise before the […]

Delayed TDS on ‘usance interest’ – Payment of interest u/s 201(1A)

September 28, 2007 3247 Views 0 comment Print

IN the present case which was referred to the Third Member of the Tribunal, the dispute revolves around the issue of, whether interest u/s 201(1A) is payable on the ”usance interest” from the date of payment or from the date of pronouncement of High Court decision in the Vijay Ship Breaking Corpn case

Need for notice u/s 143(2) cannot be dispensed

September 28, 2007 1791 Views 0 comment Print

Need for notice u/s 143(2) cannot be dispensed with in a case where AO proceeds to make inquiry for assessment, and determination of taxes payable after issuing notice u/s 143(1) as well – ITAT

Can double benefits u/s 10B and Sec 80HHC be allowed on exports of same goods?

September 28, 2007 1034 Views 0 comment Print

CAN double benefits under Sec 10B and also under Section 80HHC be availed on export of the same goods? Should Income Tax allow Sec 80HHC benefits if an exporter procures orders and closes the transaction by procuring goods from a third country and shipping the same straight to the buyer country,

FEMA – Update and Analysis

September 28, 2007 1314 Views 0 comment Print

It is clarified that Domestic Venture Capital Funds registered with SEBI, have been permitted to invest in equity and equity-linked instruments only of off-shore Venture Capital Undertakings. Accordingly, Domestic Venture Capital Funds registered with SEBI, desirous of making investments in off-shore Venture Capital Undertakings may approach SEBI for prior approval.

Vyaj badla dispute is not admissible in court

September 27, 2007 663 Views 0 comment Print

In a setback to the once popular vyaj badla transactions, the Bombay high court recently held that an aggrieved party cannot take their disputes to the arbitration tribunal set up under the byelaws of the Bombay Stock Exchange. Dismissing a petition filed by a Mahim-based partnership firm against a city broker, a division bench of Justice R M S Khandeparkar and Justice D G Karnik held that the tribunal had no jurisdiction to hear cases arising out of such private transactions.

Supreme Court Addresses Plagiarism in Tax Case

September 26, 2007 343 Views 0 comment Print

Explore a recent taxation case involving plagiarism allegations in a land deal. Learn how the apex court addressed ‘borrowed words’ from tribunal orders, impacting judicial clarity and fairness.

Tribunal's power to grant stay of demand – A Study

September 26, 2007 1150 Views 0 comment Print

Section 254 of the Income-Tax Act, 1961 relates to appeals before the Income Tax Appellate Tribunal (ITAT) by assessees and the tax department. It also deals with the law relating to grant of stay of demand on assessees’ petitions. This section was amended w.e.f. June 1, 2001, to provide that where in an appeal filed by the assessee, the Tribunal passes an order granting stay of demand, it shall hear and decide such appeal within 180 days from the date of passing of stay order, failing which, the stay granted shall stand vacated on the expiry of this period.

Role of Internal Auditor in Enterprise-wide Risk Management (ERM)

September 26, 2007 564 Views 0 comment Print

This programme of enterprise-wide risk management was highly successful and resulted in substantial savings and structured decision-making with learnings for the company. The Board appreciated the consulting role of the Internal Audit Department which had fulfilled its role aptly described as ‘Best Practice Transfer and Risk Management’ and directed the CIA to ensure that this programme was spread to all functions of the company. The Board also directed the CIA to submit a list of top 50 risks (along with remedial measure taken and proposals for taking remedial measures, if not already undertaken) identified during the exercise every quarter. The structure of risk management within the company was thus institutionalised.

Using Audit Tools- Purchase and Accounts Payable- Case Study

September 26, 2007 2452 Views 0 comment Print

Using several features of the audit tools, the auditor was able to increase the depth of his audit and also do it faster. In this way, he was able to focus on streamlining processes and spend more time interacting with officials on business issues which were useful sources for analytical information. This was appreciated by the management.

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