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15/06/2009 - Recent Updates as on 13.06.2009
Monday, June 15, 2009

1.      Inducto Ispat Alloys Ltd. allowing Assessee's Writ Petition and quashing of REOPENING Notice. Original assessment u/s 143(3), no reopening can be made after the expiry of 4 years from end of relevant assessment year.

       

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2.      Manjusha Estate Pvt Limited regarding allowing Assessee’s Writ Petition and quashing of REOPENING Notice.

      Merely receipt of Valuation report u/s 142A (which itself is invalid) which discloses estimated higher cost of construction as compared to the value disclosed in accesee's books/return of income (despite the fact that only 143(1) & no regular assessment was made), cannot be a justification for reopening the case u/s 148.

       

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3.     SHRI SIRMAD BUDDHISAGAR SURI JAIN SAMADHI MANDIR (Gujarat HC) regarding allowing Assessee’s Writ Petition and quashing of REOPENING Notice.

      In the given case notice u/s 148 is quashed and set aside, as having been issued by an authority who did not have jurisdiction to issue the notice, and as a consequence, the Assessment Order is quashed and set aside.

        

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4.      M/S. NAVJIVAN ROLLER FLOUR & PULSE MILLS LIMITED 

       "The assessee was following mercantile system of accounting. On 28.05.1987 the Trade Association made an Award for damages for breach of contract by the assessee. Assessee's liability to pay such damages comes into existence on the date when Trade Association made an Award for damages i.e. on 28.05.1987.

        

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NOTE  :Last date for submission of online application for Multipurpose Empanelment Form (MEF) for the year 2009-2010 is 15-06-2009. ( source : www.meficai.org ) And submission of hard copy of declaration of MEF for the year 2009-2010 to The Director, PD Directorate, ICAI, New Delhi - 110002 is 30-06-2009.

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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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