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 TAX GURU 14.01.2010

Posted by kanoisandeep | Wednesday, January 13, 2010

UPDATES FROM TAX GURU (in this message: 28 new items)

Link to LEGAL & FINANCIAL  UPDATES FROM TAX GURU

Income tax department seized Rs 7.5 crore from Weight loss doctor

Posted: 13 Jan 2010 07:12 PM PST

In one of the largest seizures of cash in an income-tax raid on an individual, the department on Tuesday recovered Rs 7.5 crore from the premises of a reputed nutritionist based in Vile Parle. Nutritionist Sarita Davare is known to have helped...

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No element of charity in BCCI conduct: Income Tax Department

Posted: 13 Jan 2010 07:07 PM PST

No, this isn't an ungrammatical anti-BCCI tirade from a rival cricket organisation. It is, rather, what the income-tax department has to say about the BCCI in its assessment order dated December 30 last year while disallowing tax exemptions for the...

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Bombay High court fined NGO 40 lakh

Posted: 13 Jan 2010 07:01 PM PST

Taking a strict view of frivolous petitions that flood the courts, the Bombay high court in an unprecedented move has ordered a city-based organisation, the Bhrastachar Nirmoolan Sanghatana , to pay Rs 40 lakh as legal costs after dismissing its...

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Retail Issue of Subordinated Debt for Raising Tier II Capital

Posted: 13 Jan 2010 06:56 PM PST

Some banks have indicated that they would like to issue subordinated debt to retail investors. With a view to enhancing investor education relating to risk characteristics of regulatory capital instruments, banks issuing subordinated debt to retail...

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RBI issued guidelines to execute repo in corporate bonds which would be effective from March 1, 2010

Posted: 13 Jan 2010 06:54 PM PST

Repos in corporate debt securities will be for a minimum period of one day and a maximum period of one year, the RBI said in a release adding that only listed corporate debt securities which are rated 'AA' or above by the rating agencies can be used...

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Government may introduce bill to amend the Companies Act in the budget session

Posted: 13 Jan 2010 06:50 PM PST

The government plans to introduce a bill to amend the Companies Act in the budget session of parliament to enable convergence of Indian accounting standards with the International Financial Reporting Standards (IFRS). "The ministry will carry out...

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Use of Cash Profi t / Sales and Cash Profi t / Cost emphasized as an appropriate PLI for use of TNMM

Posted: 13 Jan 2010 06:33 PM PST

In the case of Schefenacker Motherson Ltd v. ITO, ITA No. 4459/DEL/07 for AY 2003-04 and schefenacker Motherson Ltd v. DCIT, ITA No.4460/DEL/07 for AY 2004-05, the Delhi Bench of the Income-tax Appellate Tribunal (the Tribunal), held that cash...

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Purchase of Immovable Property in India by Persons of Indian Origin (PIOs) – Amendment of the definition

Posted: 13 Jan 2010 06:18 PM PST

Attention of Authorised Dealer Category-I banks is invited to clause (c) of Regulation 2 of Notification No. FEMA 21/2000-RB dated May 3, 2000 viz. Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India), Regulations,...

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Amendment in HBP-V1-Additional items-markets for incentives under chapter-3 schemes Table-6

Posted: 13 Jan 2010 06:13 PM PST

DGFT PUBLIC NOTICE No 33/2009-14- NEW DELHI: the 13 January, 2010. In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14, the Director General of Foreign Trade hereby makes the following amendments in HBPv1,...

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Amendment in HBP-V1-Additional items under MLFPS – incentives under chapter-3 schemes

Posted: 13 Jan 2010 06:08 PM PST

PUBLIC NOTICE No. 31/ 2009-14- NEW DELHI: the 12th January, 2010. In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14, the Director General of Foreign Trade hereby makes the following amendments in HBPv1.

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Eligibility of cotton bathmats/rugs for grant of duty credit scrip under VKGUY/FPS of FTP

Posted: 13 Jan 2010 06:03 PM PST

Hand-made carpets and other textile floor coverings, covered under Chapter 57 of ITC (HS) Classification Book, are eligible for duty credit scrip under Focus Product Scheme at the rate of 5% for exports made with effect from 23-2-2009. Before...

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Amendment in HBP-V1-Additional items-markets for incentives under chapter-3 schemes

Posted: 13 Jan 2010 05:58 PM PST

In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14, the Director General of Foreign Trade hereby makes the following amendments in HBPv1, for benefits on exports made on or after 1.1.2010:

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Amendment in Notification No. 110/2004 regarding continuation of anti-dumping duty on imports of Polytetrafluroethylene (PTFE) originating in, or exported from Russia

Posted: 13 Jan 2010 05:54 PM PST

Whereas, the designated authority vide notification No. 15/30/2008-DGAD, dated the 27th February, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 27th February, 2009 , has initiated review in terms of sub-section...

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Stay on declaration of ICAI election result vacated-Rajasthan high court

Posted: 13 Jan 2010 05:44 PM PST

Rajasthan High Court directed to recount votes after considering these postal ballots. Now, see whether recounting is also required for Regional Council votes as well as other constituencies.

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Notes, jottings and draft judgements not fall under RTI

Posted: 13 Jan 2010 05:33 PM PST

The only silver lining for the Supreme Court in the Delhi High Court verdict holding that the Chief Justice of India's office comes within the purview of RTI Act was that it said notes, jottings and draft judgements would not fall within the...

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Competition Appellate Tribunal (CAT) to hear unfair trade practice cases

Posted: 13 Jan 2010 05:30 PM PST

The government also ordered it to hear cases that the MRTPC had failed to resolve when it was wound up last year. The government has expanded the mandate of a tribunal, which has been hearing pending cases of restrictive trade practices, to include...

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Standard on Internal Audit (SIA) 17, Consideration of Laws and Regulations in an Internal Audit

Posted: 13 Jan 2010 05:25 PM PST

In terms of the decision taken by the Council of the Institute at its 260th meeting held in June 2006, the following Standard onInternal Audit shall be re-commendatory in nature in the initial period. The Standard shall become mandatory from such...

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FM Holds Pre-Budget Meeting with State Finance Ministers

Posted: 13 Jan 2010 05:15 PM PST

Finance Minister, Shri Pranab Mukherjee held a pre-Budget meeting with the Finance Ministers of States and Union Territories, here today to deliberate on issues that would have a bearing on the annual Budget for 2010-11. In his inaugural speech,...

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Result of ISA test held in December 2009 likely to be declared on 17th January, 2010

Posted: 13 Jan 2010 05:13 PM PST

The result of the Information Systems Audit [ISA] Assessment Test held on 19th December, 2009 is likely to be declared on 17th January, 2010 around 2.00 PM at the Institute's office at New Delhi.

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SEBI circular on Market Wide Position Limits across Stock Exchanges

Posted: 13 Jan 2010 09:10 AM PST

In consultation with Stock Exchanges and based on the recommendations of the Secondary Market Advisory Committee of SEBI, it has been decided to streamline the operationalisation of Market Wide Position Limits (MWPL) of the derivative contracts on...

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Quarterly Reporting by Venture Capital Funds (VCF)

Posted: 13 Jan 2010 09:01 AM PST

Format for the quarterly report on venture capital activity to be submitted by Venture Capital Funds has been revised as per enclosed Annexure. In accordance with Regulation 22 of SEBI (Venture Capital Funds) Regulations, 1996, all venture capital...

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RBI circular on Ready Forward Contracts in Corporate Debt Securities

Posted: 13 Jan 2010 08:53 AM PST

It has been decided to introduce repo in corporate bonds. In this regard, the Reserve Bank of India has issued a direction IDMD.DOD.04/11.08.38/2009-10 dated January 08, 2009 under section 45W of the RBI Act, 1934, which has been placed on the...

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Prevention of Money-laundering Rules – Amendment – Obligation of Banks/FIs

Posted: 13 Jan 2010 08:41 AM PST

Prevention of Money-laundering (Maintenance of Records of the Nature and Value of Transactions, the Procedure and Manner of Maintaining and Time for Furnishing Information and Verification and Maintenance of Records of the Identity of the Clients of...

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Corrigendum to the new perquisite valuation rules for A.Y. 2010-11

Posted: 13 Jan 2010 08:33 AM PST

at page 20 of the Gazette Notification, in sixth line of clause (B) of sub-rule 2, for "amount attributable to official use of the vehicle provided that the following conditions are fulfilled", read "amount of charges met or reimbursed by the...

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Government announced series of new incentives for exporters

Posted: 13 Jan 2010 08:27 AM PST

Shri Anand Sharma, Union Minister of Commerce and Industry, while addressing the media here today, has announced a series of new incentives for exporters. These are as follows: 1. New Products under Focus Product Scheme (FPS): 1.1 112 new products...

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Government committed to converge to IFRS by April, 2011

Posted: 13 Jan 2010 08:22 AM PST

The core group for convergence of Indian Accounting Standards with International Financial Reporting Standards accepts the Report of Sub-Group 1. Ministry of corporate affairs reiterates commitment to carry out the convergence of Indian accounting...

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MVAT circular on tax Treatment of Goods sent to other States

Posted: 12 Jan 2010 08:10 PM PST

This office had issued above referred Trade Circulars explaining scope of section 6A of CST Act, 1956. In the Trade Circular dated 20th February 2007, a view had been taken that section 6A of CST Act, 1956 deals only with transactions between...

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No clear mandate in CA elections of Ahmedabad branch of ICAI

Posted: 12 Jan 2010 08:07 PM PST

None of the two panels that contested in the election of Ahmedabad branch of Institute of Chartered Accountants of India (ICAI) received clear mandate. Both vibrant-8 panel, representing small and medium CA practitioners, and care panel,...

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