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29-12-2009 - Recent Updates as on 29.12.2009
Tuesday, February 23, 2010

1.       Deputy Director Of Income Tax(INVESTIGATION) Vs State Of Gujarat & 1- Gujarat High Court  

Section 132(1) of the Income-tax Act 1961 and Section 451 of the Code of Criminal Procedures- It has been held that once a valid requisition is being made by the authorities mentioned in section 132 (a)(b)(c) then the police is bound to supply the money to the department and hence the order of the Metropolitan Megistrate, releasing the money.                     

(Click here for complete judgment)

 

2.       M/s Turkmenistan Airlines Vs ADIT, New Delhi (Dated: October 16, 2009) - DELHI ITAT; 

Income tax - Sec 44BBA - Assessee is a non-resident airlines - collects foreign travel tax (FTT) on behalf of the tax authorities - AO for taxing the same as taxable income - Assessee argues FTT is not an income, that FTT belongs to revenue and diversion by overiding title should apply - CIT(A) goes with the AO - On appeal to the Tribunal, held, the issue is squarely covered against the assessee by the Uttranchal HC decision in the case of Reading and Bates Exploration Co.  Interest u/s 234D - held, it is settled issue that the Sec 234D which was brought on the statute from 1.6.2003, will have application only with effect from the AY 2004-05 - A.O directed to delete the interest levied. Interest u/s 234B - Following S.C decision in Anjum M H Ghaswala, levy of interest is mandatory, granting off opportunity is not necessary. A.O directed to levy interest up to the date of original assessment following the decision of the coordinate Bench in Freights Consultants P.Ltd :

(Click here for complete judgment)

 

3.     Cochin in the case of Harrisons Malayalam Ltd. vs. ACIT [2009] 32 SOT 497-ITAT Cochin- Ss. 2(1A), 115JB; A.y 2005-06; in favour of taxpayer:

It has been held that, Profits arising on transfer of rural agricultural land amounts to agricultural income under section 2(1A). Such income cannot be included in the total income under section 10(1). Section 115JB provides that any income, listed under section 10, other than the ones listed in clause (38), shall be reduced from the book profit. This means that such agricultural income shall not form part of the book profit for the purposes of levy of minimum alternate tax.       

(Click here for complete judgment)

4.   IT department raid on CA unearthed money laundering racket running into over Rs 1,000 crore.

Salman Khan Acquitted of tax evasion charges

Few tips to Prevent Income Tax Raids

(Click here for detailed news)

 

 

                 If you have any query please e-mail at voiceofca@gmail.com

   

               "ADMONISH YOUR FRIENDS PRIVATELY, BUT PRAISE THEM OPENLY"

 

Thanks for your valuable time

"Voice of CA"

CA. Kapil Goel, Moderator-Direct Taxes, Mob:9910272806, cakapilgoel@gmail.com

CA. Sidharth Jain, Co-Moderator, Mob: 9810418700, sidhjasso@yahoo.com

CA. Mukesh K Bansal, Co-Moderator-FEMA, mkak@rediffmail.com

   

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