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 13.01.2010

Posted by kanoisandeep | Tuesday, January 12, 2010

UPDATES FROM TAX GURU (in this message: 21 new items)

Link to LEGAL & FINANCIAL  UPDATES FROM TAX GURU

ICAI launched facility to post your Grievance online

Posted: 12 Jan 2010 07:45 PM PST

ICAI - e-Samadhaan (The ICAI Helping Hand), Grievance Resolution Management System, For more details click on below:- http://www.icai. org/help/

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Suspension of Accounting Standards 11 under Bombay high courts scanner

Posted: 12 Jan 2010 07:42 PM PST

The Union governments move to suspend Accounting Standards 11, allowing companies to show foreign currency liabilities as assets, has come under the Bombay high courts scanner. The petition filed by an organisation of city-based legal experts, Just...

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Office of the Chief Justice of India (CJI) not beyond the ambit of RTI provisions: Delhi HC

Posted: 12 Jan 2010 07:37 PM PST

In an unusual display of checks and balances within the judiciary, the Delhi high court on Tuesday rejected the contention of the Supreme Court that the office of the Chief Justice of India (CJI) was beyond the ambit of the Right to Information Act.

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ICAEW excludes and fines KPMG employee for false travel expense claims

Posted: 12 Jan 2010 07:27 PM PST

ICAEW excludes and fines Darren Merchant for false travel expense claims. A senior KPMG employee who dishonestly claimed more than £43,000 in expenses has been excluded from the ICAEW and fined. At an ICAEW disciplinary hearing, Darren Merchant of...

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All you want to know about Public Provident Fund Scheme (PPF), 1968

Posted: 12 Jan 2010 07:09 PM PST

Every individual desirous of subscribing to Fund under the Scheme for the first time either on his own behalf or on behalf of a minor of whom he is the guardian or on behalf of a Hindu Undivided Family of which he is a member or on behalf of an...

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Income tax department withdrawn the approval granted under Section 17(2) to Hospital in Chandigarh

Posted: 12 Jan 2010 06:37 PM PST

A dozen private nursing homes and hospitals today lost their approval granted under Section 17(2) of the Income Tax Act on the basis of an assessment conducted by the Department of Income Tax, Chandigarh. According to Chief Commissioner (Chandigarh...

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Mergers of banks will not be forced by Government

Posted: 12 Jan 2010 06:25 PM PST

Mergers on individual banks will not be forced, and no time frame has been set for the consolidation process in the banking system, financial services secretary R Gopalan said today. Merger of state-run banks should be done with a view to bring in...

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Bonus stripping under the Income tax lens

Posted: 12 Jan 2010 06:22 PM PST

After taxing investors for dividend stripping, the Income Tax (I-T) Department is gearing up to tax bonus stripping. Official sources say scrutiny of returns filed by companies, brokers and individuals active in the stock markets and in possession...

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Circular on Extension of Export Obligation period for the Advance License Holders who have imported raw sugar between 21.9.2004 and 15.4.2008

Posted: 12 Jan 2010 05:53 PM PST

and 15.4.2008-reg I am directed to invite your attention to the above-mentioned subject and to say that, a reference was received from the Ministry of Agriculture Food & Public Distribution to consider extension of export obligation period for...

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Notification on anti dumping duty on tyre vulcanisers or rubber processing machineries for tyres, originating in or exported from China

Posted: 12 Jan 2010 05:49 PM PST

the dumping margins of the subject goods imported from the subject country are substantial and above de minimis; and the domestic industry has suffered material injury and the injury has been caused to the domestic industry, both by volume and price...

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Interest rate may go up in the coming months if RBI tightens its monetary policy

Posted: 12 Jan 2010 05:42 PM PST

SBI chairman O P Bhatt on Monday said that interest rates are likely to go up in the coming months if the Reserve Bank of India (RBI) tightens its monetary stance. He has also warned that loan defaults, particularly from the SME segment, may rise...

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Right to subscribe for shares arises only when right offer is made by the company: SC

Posted: 12 Jan 2010 05:35 PM PST

Accordingly, the right to subscribe for additional offer of shares/debentures comes into existence only when the Company decides to come out with the Rights Offer and it is only when that event takes place, that diminution in the value of the...

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Provisions for NPA as per RBI Norms by NBFCs not deductible

Posted: 12 Jan 2010 05:31 PM PST

The assessee, a NBFC, made a 'Provision for NPA' in terms of the RBI Directions 1998. It claimed a deduction for the said provision u/s 36 (1)(vii) on the ground that as it was debited to the P&L Account and reduced the profits, it was a 'write...

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High court will hear Writ Petition challenging the constitutional validity of Rule 8D and matters related to interpretation of section 14A

Posted: 12 Jan 2010 05:23 PM PST

Writ Petition bearing No. 50 of 2010 (Indian Exporters Grievances Forum & Other vs. CIT) challenging the constitutional validity of Rule 8D has been admitted on 12.1.2010 by Hon'ble Shri Justice Dr. D.Y. Chandrachud and Hon'ble Shri Justice...

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29th January RBI Policy MEET

Posted: 12 Jan 2010 10:02 AM PST

29th January is an important date. Now it's not a red letter day or neither is any day the Indian history to be remembered. For financial market 29th of January remains a big day as the RBI will hold its much-awaited monetary policy. The whole...

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Corporate filing – complications – corporate law in India

Posted: 12 Jan 2010 09:45 AM PST

With the introduction of MCA scheme or online filing facility, regulating the company affairs has become much easier and it is certainly a boon for corporate sector. Incorporating a Company is not a difficult affair and filing the necessary...

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Survey under section 133A of income tax act 1961

Posted: 12 Jan 2010 09:41 AM PST

Survey in a wider sense means to scrutinize or to inspect. The power of survey under the Income tax Act has been provided U/S 133A and 133B. The provisions contained in section 133A are independent and to the exclusion of the other provisions of the...

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Notice for assessment or reassessment U/S 148 of the Income Tax Act, 1961

Posted: 12 Jan 2010 09:35 AM PST

The power of assessment or reassessment of any income chargeable to tax that have escaped assessment has been provided under section 147 r w s 148 of Income Tax Act of 1961. If the assessing officer has the reason to believe that any income...

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Use of section 144A of the Income Tax Act 1961

Posted: 12 Jan 2010 09:23 AM PST

Assessments under Income Tax Act 1961 are made U/S 143, 144, 147, 153. The criteria's for selection of cases for scrutiny has been increased. While making the assessment the assessing officer has to appreciate all the facts properly. If there is any...

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Irregularities in VAT department at Punjab

Posted: 12 Jan 2010 09:15 AM PST

Since rules of natural justice are part of the fundamental rights provided by our constitution the same have to be followed while taking any quasi judicial or administrative action under every law and the taxation laws are no exception to it. Any...

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Validity of Assessment notices U/S 29 of PVAT for the year 2005-06 issued by department recently

Posted: 12 Jan 2010 09:05 AM PST

The VAT Department in Punjab has started issuing the notices for assessment for the year 2005-2006 under section 29 of Punjab Value Added Tax Act 2005 to the dealers across the state. The notices u/s 29 of PVAT Act 2005 can be issued within 3 years...

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