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Archive for December, 2009

Update: 10.04.2010: The judgement is available here

 

In M/s Prasad Productions Ltd, a Special Bench, Chennai, has been constituted to hear the following question:

 

“Whether for the purposes of sections 201(1) and 201(1A), when an assessee responsible for making payment to a Non-resident, has not applied to the Assessing Officer u/s 195(2) for deduction of tax at a lower or Nil rate of tax, he is under statutory obligation to deduct tax at source computed on the entire payment to the Non-resident treating the same as income chargeable to tax, in the light of decision of the Apex Court in the case of Transmission Corporation of A.P. Ltd. v. CIT (239 ITR 587)?”

 

The matter was heard by the Bench compromising Hon’ble Shri P P Parikh, Shri N Barathvaja Sankar and Shri Hari Om Maratha on November 3, 2009.

 

In view of the judgement of the Karnataka High Court in Samsung Electronics, the matter has been refixed for hearing on 23rd February 2010.

 

Anybody desirous of addressing the Hon’ble Bench on the issue may contact the Asst. Registrar, ITAT, Chennai.

 

Note: In G. E. India Technology vs. CIT the Supreme Court has granted Ad-interim stay of recovery from demand arising pursuant to the said judgement in Samsung Electronics. See Also: Mahindra & Mahindra 122 TTJ (Mum) (SB).


A Special Bench in the case of M/s Times Guaranty Ltd has been constituted to decide the following question:

 

“On the facts and circumstances of the case, whether the unabsorbed depreciation relating to A.Y. 1997-1998 to 1999-2000 is to be dealt with in accordance with the Provisions of Section 32(2) as applicable for A.Y. 1997-1998 to 1999-2000 as claimed by the revenue or the same has to be dealt with in accordance with the said provisions as applicable to A. Y. 2003-04 and 04-05 as claimed by the Assessed”

 

More details are available here.

 


Instruction No. 6/2009 [F.NO. 225/11/2006/ITA.II], dated 18-12-2009

 

For past sometime the Board has been concerned about the need for improving general quality of scrutiny assessments on a sustainable basis. In this connection, reference is invited to Board’s instruction No. 2/2006 dated 27.04.2006 which required monitoring of scrutiny assessments by Range Heads under the powers available to them under section 144A of Income tax Act. Instructions have also been issued from time to time for strengthening the machinery for review of assessments and inspection of assessment charges. However, it is felt that there is significant scope for improving the quality of scrutiny system. The matter came up for discussion during 25th Annual Conference of Chief Commissioner of Income tax held in August 2009. A presentation was made by CCIT Chandigarh outlining a scheme for improving quality assessments implemented in NWR Region. After taking into account various suggestions, it was decided to devise a similar scheme with appropriate flexibility for country-wide implementation.

 

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Hon'ble Justice Vijay Chagganlal Daga

The Hon’ble Shri Justice V.C. DAGA & The Hon’ble Shri Justice K.K. TATED
Court Room No. 53

 

Writ Petitions arising out of Customs, Excise, Sales Tax, Income Tax and all other Revenue matters under the Central Acts for Admission and all Interlocutory Applications therein and Securities and Exchange Board of India Act and Maharashtra Electricity Regulatory Commission Act, Appeals for hearing. Tax Appeals, Applications and References other than Income Tax and Wealth Tax for admission.

 

Writ Petitions arising out of Customs, Excise, Sales Tax, Income Tax and all other Revenue matters under the Central Acts for hearing, Tax Appeals, Applications and References other than Income Tax and Wealth Tax for hearing & Appellate Side Matters.

 

Hon'ble Justice  Dhananjaya Y.Chandrachud

The Hon’ble Shri Justice Dr. D.Y. CHANDRACHUD & The Hon’ble Shri Justice J. P. DEVADHAR

Court Room No. 28

 

MONDAY TO FRIDAY [MORNING SESSION]

 

Income Tax Appeals for Admission, Income Tax Applications and Income Tax References for Admission and Wealth Tax Applications and References for Admission and Interlocutory Applications therein and Interest Tax Appeals for Admissions and Interlocutory applications therein.

 

M0NDAY TO FRIDAY [AFTERNOON SESSION]

 

Income Tax Appeals, Income Tax Applications and Income Tax References for hearing and Wealth Tax Applications and References for hearing and Interlocutory Applications therein and Interest Tax Appeals for hearing and Interlocutory applications therein.

 


New Perquisite Rules – amendment to Rule 3

Saturday, December 19th, 2009

The Income-tax (13th Amendment) Rules, 2009 was notified on 18th December 2009. It substitutes Rule 3 of the Income-tax Rules, 1962. The text of the Notification can be downloaded here.

 

  Notification substituting Rule 3 and defining new Perquisite rules (54.8 KiB, 5,086 hits)

 

Update: 13.01.2010

 

  Corrigendum to the new perquisite rules (24.7 KiB, 2,710 hits)