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.

ICWAI Demands Drop “Chartered” From ICAI, Blames CAs for Black money

Posted by kanoisandeep | Thursday, December 15, 2011

ICWAI Demands Drop "Chartered" From ICAI, Blames CAs for Black money

Posted: 15 Dec 2011 05:56 PM PST

The President and members of the Council of the Institute of Cost and Works Accountants of India express their utmost unhappiness on the passing of the ICWAI Amendment Bill in the Rajya Sabha on 12th Dec 2011, by which the name was proposed to be...

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RBI swung into action to check slide in rupee value against dollar

Posted: 15 Dec 2011 08:14 AM PST

The Reserve Bank today swung into action to check slide in rupee value against dollar and speculations. It has imposed restrictions with immediate effect on forward trading in the local currency by Foreign Institutional Investors and traders and...

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No deduction of TDS u/s. 194-I on 'Rent' Without Control' Over Asset – ITAT Mumbai

Posted: 15 Dec 2011 07:27 AM PST

Chattisgarh State Electricity Board Vs. ITO (TDS) - in a situation in which the payment in made for the use of an asset simpliciter, whether with control and possession in its legal sense or not, the payment could be said to be for the use of an...

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Whether assessment can be re-opened beyond four years when all primary facts for making the claim were disclosed to the AO

Posted: 15 Dec 2011 06:39 AM PST

Kimplas Trenton Fittings Ltd Vs ACIT (Bombay HC) - In the present case, admittedly, the reopening of the assessment is beyond a period of four years of the end of the relevant Assessment Year. The jurisdictional condition under Section 147 in such a...

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Draft Bank Branch Auditors' Panel for the year 2011-12

Posted: 15 Dec 2011 02:19 AM PST

We would like to inform that the draft Bank Branch Auditors' Panel for the year 2011-12 has been hosted at www.meficai.org and will be available till 20th December, 2011. In case of query, pl log a complaint at...

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Companies Bill 2011- Major Highlights

Posted: 15 Dec 2011 12:40 AM PST

The Ministry of Corporate Affairs has today introduced the much awaited Companies Bill 2011in the Lok Sabha. The new bill is all set to replace the 55 year old Act. The promulgation of the new Act is a step towards globalization and is a successful...

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Rupee hits all time low; trading at 54.23

Posted: 14 Dec 2011 11:47 PM PST

The rupee breached the 54 mark to open at 54.20 against a dollar. The rupee had closed at 53.71 yesterday. Currently it is trading at 54.23. The general sense in the market is that the RBI does not want to throw good money after bad. The RBI data...

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HC upheld 25% addition for receipt of goods from the parties other than the persons who had issued the bills of such goods

Posted: 14 Dec 2011 10:36 PM PST

CIT Vs. Sanjaykumar Mansukhlal Dhabba (Gujrat HC)- In the said case of Sanjay Oilcake Industries [Supra], the Division Bench of this Court upheld the view of the Tribunal limiting the additions to 25%, where it was found that the goods were...

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Tribunal may treat Appeal as un-admitted for non attendance with a right to appellant to make application for recall of order

Posted: 14 Dec 2011 09:50 PM PST

Bhagwan Dass Bansal Vs ITO (ITAT Delhi)- In the case of Commissioner of Income-tax vs. Multiplan India (P) Ltd.; 38 ITD 320 (Del), the appeal filed by the revenue before the Tribunal, which was fixed for hearing. But on the date of hearing nobody...

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NRIs remitting money back home to take advantage of decrease in value of Rupee against Dollar

Posted: 14 Dec 2011 09:15 PM PST

As the Rupee slides to new low against the dollar, NRIs are making a beeline to send the remittances back home. The leading bankers in Dubai say the expatriate Indians are opting for personal loans, cash advances through credit cards and salary...

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ICAI Announcement for Empanelment as a Technical Reviewer with the Quality Review Board

Posted: 14 Dec 2011 09:04 PM PST

The Government of India has, in exercise of the powers conferred by Sec. 28A of the Chartered Accountants Act, 1949, constituted a Quality Review Board to perform the following functions:- (a) to make recommendations to the Council with regard to...

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ICAI Indirect Taxes Committee submits Pre-Budget Memorandum, 2012

Posted: 14 Dec 2011 09:01 PM PST

The Indirect Taxes Committee of the Institute has submitted the Pre-Budget Memorandum, 2012 relating to Indirect Taxes to the Ministry of Finance on 7th December, 2011. The Memorandum contains suggestions on various issues in the area of indirect...

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NPA of a Company defaulting in repayment of loan can be assigned for the debt

Posted: 14 Dec 2011 08:59 PM PST

Hindon River Mills Ltd. Vs. IFCI Ltd. & Anr. (Delhi HC) - Notwithstanding IFCI Bank Ltd. owing a fiduciary obligation towards the Company in its capacity as an Operating Agency and notwithstanding Kotak Mahindra Bank Ltd. owing a fiduciary...

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Anand Sharma Rules Out Freezing of the Custom Duties at the Current Levels

Posted: 14 Dec 2011 08:55 PM PST

Anand Sharma, Commerce, Industry and Textiles Minister, clearly spelt out India's position on some of the new ideas that have been proposed in the current WTO round as a possible way forward. Ruling out any freezing of the custom duties at the...

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Allowability of commission paid to sole selling agent

Posted: 14 Dec 2011 08:43 PM PST

CIt Vs. Sayaji Industries Ltd (Gujarat High Court)- There were voluminous records suggesting that the LGDA is not only the sole selling agent of the assessee, but it also does not undertake any other task except to promote the sales of the assessee...

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Employees' State Insurance Corporation Approves its Annual Report and Annual Accounts for The Year 2010-11

Posted: 14 Dec 2011 08:40 PM PST

The Employees' State Insurance Corporation today in its 154th meeting approved its Annual Report and Annual Accounts for the year 2010-11. The Corporation also approved the Annual Report and Annual Accounts 2010-2011 of the Corporation for...

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Material found in the search may be a ground for notice and assessment under Section 153A of the Act but that would not efface or terminate all the consequence, which has arisen out of the regular assessment or reassessment

Posted: 14 Dec 2011 08:34 PM PST

CIT v. Smt. Shaila Agarwal (Allahabad High Court ) - he second proviso to Section 1 53A of the Act, refers to abatement of the pending asssessment or re-assessment proceedings. The word 'pending' does not operate any such interpretation, that...

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International Customs Day 2012 to be celebrated on Friday, the 27th January, 2012

Posted: 14 Dec 2011 08:29 PM PST

International Customs Day is celebrated on 26th January every year all over the world. This being the Republic Day of India, it is celebrated in India on either the previous or next working day. It has been decided that the International Customs Day...

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Amendment to Public Provident Fund Scheme, 1968 (PPF, 1968) and Senior Citizens Savings Scheme, 2004 (SCSS, 2004) – Payment of commission to the agents

Posted: 14 Dec 2011 08:29 PM PST

We forward herewith a copy of Government of India Notification No. F.1/12/2011-NS-II dated November 25, 2011, on the captioned subject. The contents of the same are self-explicit. 2. In this regard, we advise that the contents of the Notification...

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FM to inaugurate Direct Taxes Regional Training Institute, Bangalore on 18th December 2011

Posted: 14 Dec 2011 08:26 PM PST

The strength of the Indian economy and the capabilities of the Indian Income-tax Department are globally accepted today. The training sector of the Department has matched steps in this journey through constant re-skilling, value additions and...

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Risk Management and Inter Bank Dealings – A.P. (DIR Series) Circular No. 58

Posted: 14 Dec 2011 08:26 PM PST

Keeping in view the developments in the foreign exchange market, it has been decided by RBI to implement the following measures with immediate effect until further review. i. Under contracted exposures, forward contracts, involving the Rupee as one...

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Deferment in the date of effect of one provision contained in Note-6 of Notification No. 82 of 31.10.2011 relating to export of meat

Posted: 14 Dec 2011 08:25 PM PST

Notification No. 89 (RE-2010)/2009-14 - The stipulation that raw material for export of meat and meat products must be sourced exclusively from APEDA registered abattoir/integrated abattoir will come into effect on 15.06.2012, instead of...

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DGFT notification on Export of empty Gelatin Capsule, to EU

Posted: 14 Dec 2011 08:23 PM PST

Notification No 90 (RE – 2010)/2009-2014 - For export of Empty Gelatin capsule to EU, CAPEXIL will be the competent authority for issuance of shipment clearance certificate. Post shipment Health certificate will be issued jointly by CAPEXIL and...

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Formation of two new districts – Fazilka & Pathankot in the State of Punjab Assignment of Lead Bank responsibility

Posted: 14 Dec 2011 08:22 PM PST

The Department of Revenue & Rehabilitation, Government of Punjab vide their Gazette Notification No. 1/1/2011-RE-II(I)/14544 & 14554 dated July 27, 2011 has advised about the constitution of new districts viz. Pathankot and Fazilka ...

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Guidelines on Outsourcing of Activities by Intermediaries

Posted: 14 Dec 2011 08:20 PM PST

Merchant Bankers/Registrars to An issue and Share Transfer Agents/Debenture Trustees/Bankers to An Issue/Underwriters/Credit Rating Agencies/Mutual Funds/Portfolio Managers/Venture Capital Funds/Collective Investment Schemes/Custodians

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No proceedings can be brought against a non­existent person either natural or artificial

Posted: 14 Dec 2011 08:20 PM PST

CIT Vs. S R M B Udyog Ltd. (Kokata High Court) - Under the provisions of the Companies Act, 1956, effect of amalgamation is winding up of the transferor company. Moreover, from the terms of the amalgamation which have been accepted by this Hon'ble...

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Amends Notification No. 36/2001-Customs(N.T) dated the 3rd August 2001

Posted: 14 Dec 2011 08:17 PM PST

Notification No. 87/2011 - Customs (N. T.) In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do, hereby makes the following...

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Enforcement Directorate questiones Unitech MD Sanjay Chandra

Posted: 14 Dec 2011 08:15 PM PST

Enforcement Directorate questioned Sanjay Chandra, Unitech MD and an accused in the 2G spectrum allocation scam recently over investments made in a tax haven abroad.Chandra, who was recently released on bail in the case, has been questioned by ED...

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Whether section 40(A) (ia) is having retrospective operation or not?

Posted: 14 Dec 2011 08:13 PM PST

Supreme Court, as has been recorded by the learned Tribunal, in the case of Allied Motors Pvt. Ltd. and also in the case of Alom Extrusions Ltd., has already decided that the aforesaid provision has retrospective application. Again, in the case...

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SEBI (Debenture Trustees) (Second Amendment) Regulations, 2011 – Substitution of Regulation 7A

Posted: 14 Dec 2011 07:36 PM PST

NOTIFICATION No. LAD-NRO/GN/2011-12/30/37715, dated 14-12-2011 In exercise of the powers conferred by section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Board hereby makes the following Regulations to amend the...

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Expenses incurred by manufacturer and seller of pre-recorded audio cassettes and CDs on acquisition of intangible asset is to be treated as revenue expenditure

Posted: 13 Dec 2011 09:22 PM PST

DCIT Vs. M/s. Aditya Music (I) Ltd. (ITAT Hyderabad)- Facts of the case in brief are that the assessee company is a manufacturer and seller of pre-recorded audio cassettes and CDs. In Profit and Loss A/c. for the years under consideration, the...

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