RECENT INCOME TAX CASE LAWS IN INDIA

We are Posting here on Regular Basis Recent Judgements on Direct Tax delivered by Supreme Court, High Court and Tribunals.

UPDATES FROM TAXGURU 26.11.2009

Posted by kanoisandeep | Wednesday, November 25, 2009

UPDATES FROM TAX GURU (in this message: 20 new items)

Link to LEGAL & FINANCIAL  UPDATES FROM TAX GURU

Deductibility of interest on funds borrowed for acquiring controlling interest

Posted: 25 Nov 2009 07:34 PM PST

This article summarizes a recent ruling of the Mumbai Income Tax Appellate Tribunal (ITAT) in the case of Panatone Finvest Ltd.(Taxpayer) [2009-TIOL-717-ITAT-MUM]. The Taxpayer incurred interest expenditure on the funds borrowed for investing in...

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IT seizures up 4.5 times in Gujarat in comparison to last year

Posted: 25 Nov 2009 07:07 PM PST

The Income Tax department in Gujarat executed 422 warrants in 2008-09 compared to 158 in the previous year and has managed to seize assets worth Rs 45.45 crore, which is up significantly from last fiscal's Rs 10.89 crore. The figures were given out...

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RBI Directions for opening and operation of Accounts and settlement of payments for electronic payment transactions involving intermediaries

Posted: 25 Nov 2009 07:02 PM PST

The use of Electronic/Online Payment modes for payments to merchants for goods and services like bill payments, online shopping etc. has been gaining popularity in the country. With a view to safeguard the interests of the customers and to ensure...

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Getting Occupation Certificate (OC) a builder's duty

Posted: 25 Nov 2009 06:59 PM PST

Consumer Disputes Redressal Forum orders Dharia Developers to immediately act on obtaining Occupation Certificate for a property owner who bought his flat in 2006.Obtaining Occupation Certificate (OC) should be a must-have document for those...

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Company Law Board (CLB) will get a fresh set of members soon

Posted: 25 Nov 2009 06:53 PM PST

The government has put its act together to see that the Company Law Board (CLB), the quasi-judicial body that gives verdicts on litigation and complaints that come under the purview of the Companies Act, gets a fresh set of members soon. This is in...

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GST registration will be through uniform PAN-linked business identification number

Posted: 25 Nov 2009 06:46 PM PST

The model legislation for the introduction of goods and services tax (GST) will have a provision for registration of individuals and companies which pay the tax.The registration will be done through a uniform PAN-linked business identification...

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Consitution will be amended to introduce GST

Posted: 25 Nov 2009 06:42 PM PST

The Constitutional amendment will be the basis for the new tax regime and will be followed by adoption of separate state and Central GST laws. The last amendment to the Constitution dealing with a financial matter was in 2000, when the Centre was...

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State governments to monitor violation of FDI regulation in retail sector

Posted: 25 Nov 2009 06:40 PM PST

It has directed them to create a "suitable mechanism" to hold periodic scrutiny against violation of Foreign Exchange Management Act (FEMA). The move comes after it was found that some foreign retail companies or joint ventures, which had permission...

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Competition Act may include imprisionment provision

Posted: 25 Nov 2009 06:33 PM PST

"Besides the hefty fine, jail sentences were awarded to companies found violating the clauses of the competition law in Europe. While in India the maximum penalty ends with a fine, it might not be surprising that an imprisionment provision will be...

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Finance Ministry started the process of pre-Budget consultations

Posted: 25 Nov 2009 06:26 PM PST

With just three months left for the Union Budget 2010-11, the Ministry of Finance has started the process of pre-Budget consultations. A first round of pre-Budget meetings with the various ministries has already taken place.The ministry has also...

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Govt will no reinvestigations matters handled by arrested CLB member R Vasudevan

Posted: 25 Nov 2009 06:24 PM PST

Vasudevan, who was director investigation and inspection ministry of corporate affairs before joining the CLB three months ago, was looking into high profile cases like the Satyam and the Sesa Goa fraud. "No we don't need to relook, it is the SFIO...

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Appointments of Hon'ble Sr. Vice President and Vice Presidents to ITAT

Posted: 25 Nov 2009 06:07 PM PST

Hon'ble Shri R.V. Easwar, Judicial Member, has been elevated as Senior Vice President and posted to the Mumbai Bench of the Tribunal with effect from 25th November 2009. Shri. Easwar has qualified as LLM and ACA and practised as a lawyer from 1975...

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Deduction U/s. 80HHC allowable while computing book profit even if there are no normal profits

Posted: 25 Nov 2009 06:02 PM PST

The assessee's income was computed u/s 115JB as it had no income under the normal provisions of the Act. The assessee claimed that despite the absence of normal profits, it was eligible for deduction u/s 80HHC in computing the book profits under...

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PricewaterhouseCoopers wins the "India Tax Firm of the Year" Award

Posted: 25 Nov 2009 06:00 PM PST

Speaking on the occasion, Dinesh Kanabar, PwC tax leader, India said, "It is a tremendous achievement and we are delighted to receive this award. The award is in recognition of our commitment towards partnering with our clients in one of the most...

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NSE will allow brokers to buy and sell mutual funds through its terminals

Posted: 25 Nov 2009 05:46 PM PST

India's National Stock Exchange (NSE) will allow brokers to buy and sell mutual funds through its terminals from Nov. 30, the exchange said. The Securities and Exchange Board of India had earlier in the month permitted stock exchanges to offer their...

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Banks are instructed to accept cheques written in regional languages

Posted: 25 Nov 2009 05:23 PM PST

Reserve Bank of India (RBI) vide its Master Circular dated July 1, 2009 has advised all Scheduled Commercial Banks (excluding Regional Rural Banks) that all cheque forms would be printed in Hindi and English. The customer may, however, write cheques...

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CDSL launched e-Voting System for Corporates

Posted: 25 Nov 2009 05:21 PM PST

We take the pleasure in announcing that CDSL Ventures Ltd., a wholly owned subsidiary of Central Depository Services (India) Limited (CDSL), has designed an electronic voting system as an alternative to the paper-based postal ballot process, to...

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Finmin set up working committee to review existing policy on foreign portfolio investment

Posted: 25 Nov 2009 05:12 PM PST

To encourage foreign portfolio investment, the Finance Ministry has set up a working group for suggesting changes in the existing policy on foreign capital inflows by FIIs, NRIs and venture capital funds. The 16-member group on portfolio...

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Johnny and Service Tax Refund Part – V

Posted: 25 Nov 2009 05:07 PM PST

The assesses claiming refund orders under Insurance services are experiencing enormous complexities in getting their refund orders passed on vague and futile justifications that not only are annoying and irritating the assessees but also deprives...

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Result of CPT Online (for Exam. held on 24th & 25th Oct. 2009) Declared

Posted: 25 Nov 2009 01:06 AM PST

The results of CPT online examination held on 24th and 25th October 2009 has been declared on 24th November 2009. Related posts:Results of the CA PE – II and PCE held in November, 2008 are likely to be declared on 29th January, 2009 around 2...

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With Regards, 
CA Sandeep Kanoi 
Website: http://www.taxguru.in/ 
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