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Highlights / Annotations / Catch Notes For December

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December 28, 2011 Notifications SEZ

SEZ for IT and IT-enabled services launched in Gurgaon, Haryana under Notification No. S.O. 2793(E).
December 28, 2011 Circulars DGFT

DGFT updates General Note No. 5 for textiles under Product Code J per Circular No. 88/(RE:2010)/2009-2014.
December 28, 2011 Case Laws Income Tax HC

Mandatory Conditions for Block Assessment on Third Parties Without Direct Search in Income Tax Cases.
December 28, 2011 Case Laws Income Tax HC

Non-genuine creditors and trading liability cessation addressed u/s 41(1) of Income Tax Act, not Section 28(iv).
December 28, 2011 Case Laws Income Tax AT

Derivatives Futures Losses Post-April 2006 Not Speculative, Can Offset Other Income for Tax Benefits.
December 28, 2011 Case Laws Income Tax AT

Assessment Order Invalid Due to Limitations; Assessing Officer Lacks Authority to Extend Special Audit Under Sec 142(2A.
December 28, 2011 Case Laws Service Tax HC

Cooperative Housing Society Wins Service Tax Refund Claim for Residential Construction Project.
December 28, 2011 Case Laws Central Excise AT

Programmable Logic Controllers Classified as Process Control Equipment Under Heading 90.32 After Debate on Proper Classification.
December 28, 2011 Case Laws Income Tax HC

Dry Cleaning Not Eligible for Section 80-I Deductions: No New Article or Qualities Created in Process.
December 28, 2011 Case Laws Income Tax AT

Assessee's decision not to claim Section 10A deduction this year isn't a permanent opt-out of benefits.
December 28, 2011 Case Laws Income Tax AT

Clarification on TDS Application: Three Separate Contracts Exist for Supply, Erection, and Civil Work u/s 194C.
December 28, 2011 Case Laws Income Tax AT

Assessing Capital Gains on Shares Exchanged Between Companies Without Evidence of Transaction Continuity.
December 28, 2011 Case Laws Income Tax AT

ATMs Not Classified as Computers for Depreciation, Ineligible for Computer Depreciation Rates under Income Tax Laws.
December 28, 2011 Case Laws Income Tax AT

Taxpayer's Surrender of Rights in Land or Asset Triggers Capital Gains or Losses Under Tax Law.
December 28, 2011 Case Laws Central Excise AT

Education Cess Not Applicable on Paper Cess Imposed by Ministry of Industry Under IDR Act, 1951.
December 28, 2011 Circulars Companies Law

Electronic Participation in Meetings Clarified Under Companies Act, 1956: E-Voting Authorized for Green Corporate Governance Initiatives.
December 27, 2011 Circulars FEMA

Exim Bank Grants $168M Credit Line to Democratic Republic of Congo, Detailed in Circular No. 62, December 27, 2011.
December 27, 2011 Circulars FEMA

Exim Bank Grants USD 40 Million Credit Line to Maldives Government per Circular No. 61, December 27, 2011.
December 27, 2011 Notifications Customs

Amendment to Customs Notification Updates Duty-Free Tariff Preferences for Least Developed Countries to Boost Economic Growth.
December 26, 2011 Notifications DGFT

India Bans Import of Milk and Milk Products from China Under Notification No. 91 (RE - 2010)/2009-2014.
December 26, 2011 Notifications Customs

Jute Products from Bangladesh Now Exempt from Customs Duties Under Amended Notification No. 8/2011-Customs.
December 26, 2011 Case Laws Income Tax AT

Electricity Transmission Charges Not Considered Rent; No Tax Deduction at Source u/s 94I.
December 26, 2011 Case Laws Income Tax HC

Secured Creditors Have Priority Over Crown Debts in Recovering Dues, Supported by Case Law.
December 26, 2011 Case Laws Income Tax AT

Section 263 demands proof of error and revenue prejudice for CIT to revise orders under the Income Tax Act.
December 26, 2011 Case Laws Income Tax AT

Tax Deduction for Container Transport Payments u/s 194C, Not Required u/s 194J.
December 26, 2011 Case Laws Income Tax AT

No Permanent Establishment: Fees for Deputing Individuals to India Not Treated as Business Profits Due to Lack of Control.
December 26, 2011 Case Laws Income Tax HC

Court Allows Taxpayer to Verify Return with Assessing Officer After ITR-V Form Not Received by Processing Center.
December 26, 2011 Case Laws Income Tax HC

Court Rules Chairman's Wife's Travel Expenses Not Business Expenditure Due to Lack of Business Involvement.
December 26, 2011 Case Laws Income Tax HC

Court Declares Search Authorization u/s 132 of Income Tax Act Invalid Due to Insufficient Justification by Authorities.
December 26, 2011 Case Laws Income Tax AT

Expenditure on Incentives: Bona Fide Intentions Shouldn't Be Questioned Under Mercantile Accounting for Income Tax.
December 26, 2011 Case Laws Income Tax HC

High Court Rules Business in Falta SEZ as New Entity; Section 10A Exemption Applies Despite Use of Old Materials.
December 26, 2011 Case Laws Income Tax AT

Assessee Entitled to Accumulate 25% of Total Donations u/s 11 of Income Tax Act.
December 26, 2011 Case Laws Income Tax HC

Inspecting Assistant Commissioner's Powers Don't Equal Income-Tax Officer's Duties; Section 144B(7) Inapplicable to Assessee's Case.
December 26, 2011 Case Laws Income Tax HC

Court Rules in Favor of Assessee on Revised Tax Return Filed Post-Amalgamation u/ss 139(5) and 148.
December 26, 2011 Case Laws Income Tax HC

Debate on Measuring Agricultural Land Distance for Tax: Straight-Line vs. Actual Travel Distance Discrepancy.
December 26, 2011 Case Laws Income Tax HC

Assessment Against Dissolved Company Invalid Due to Jurisdictional Defect, Not Just Procedural Error.
December 26, 2011 Case Laws Central Excise AT

Excise Valuation of Physician Samples: Transaction Value Determined u/s 4(1)(a) Instead of MRP Basis.
December 26, 2011 Case Laws Income Tax HC

Contingency Deposit for Sales Tax Payment is Revenue Receipt, Included in Assessee's Income.
December 26, 2011 Case Laws Income Tax HC

Court Classifies Rs. 1.36 Crore Advertisement Expense as Revenue, Impacting Tax Treatment as Regular Business Expense.
December 26, 2011 Case Laws Income Tax HC

Court Rules Turnover Method for Allocating Indirect Expenses in STP Units u/s 10A of Income Tax Act.
December 26, 2011 Case Laws Income Tax AT

Discrepancies in Professional Fees and TDS Certificates Resolved; Rs. 47,37,000 Addition Deleted in Favor of Taxpayer.
December 26, 2011 Case Laws Income Tax AT

Indian Liaison Office Creates Business Connection, Establishes Permanent Establishment, Faces Tax on Income from Indian Operations.
December 26, 2011 Case Laws Income Tax HC

Interest on Loans Must Be Recognized as Income per Section 5 of Income Tax Act, Despite Assessee's Real Income Claims.
December 26, 2011 Case Laws Service Tax AT

Cenvat Credit Granted for Courier Services Used to Send Documents, Cheques, and Drafts, Not Final Products.
December 26, 2011 Case Laws Central Excise AT

Agent-Filed Declarations Valid for Area-Based Exemption Under Notification No. 50/03-CE in Central Excise Context.
December 23, 2011 Notifications Customs

Customs Notification 112/2011 Updates 2008 Regulations, Modifying Duties and Procedures for Compliance.
December 23, 2011 Case Laws Income Tax HC

High Court Allows Assessing Officer to Decide if Engineering Services Qualify as "Computer Software" for Tax Exemption u/s 10B.
December 23, 2011 Case Laws Income Tax HC

Court Rules India Development Bonds Received as Gifts from NRIs/OCBs Are Protected from Tax Investigations.
December 23, 2011 Case Laws Income Tax HC

Assessees can claim deductions u/s 80IB without filing a return if the audit report is submitted pre-assessment.
December 23, 2011 Case Laws Income Tax AT

Jurisdiction under Income Tax Act Section 120 is non-negotiable, must be precisely determined, says CBDT order.

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