Saturday, April 27, 2013

Re: [aaykarbhavan] SEBI-FRAUDS, and ITR



But I do not find from web or copy . Wait for some time. It was a case of Controller of Capital Issue. Order was like this. On the other day of Finance Minister presenting Budget in 1992 closed the Office of Controller of Capital Issues and then SEBI incorporated!!!! One gone and another poped up. .You all know how the Premium of Public issue was fixed and granted. Pay the Price and get maximum Premium in public issue . PIL was dismissed stating since the office is abolished  Petition is dismissed.
At some point of time I may be able to sent it shortly.

CLI
www.cliofindia.com
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INCOME TAX REPORTS (ITR) HIGHLIGHTS


ISSUE DATED 29-4-2013

Volume 352 Part 4


ENGLISH CASES
CLB
SAT
DRAT
JOURNAL
NEWS-BRIEFS
AAR
TRIBUNAL



SUPREME COURT JUDGMENTS

F Statements recorded during survey : Whether can form basis for assessment : CIT v. S. Khader Khan Son p. 480

F Excise duty : Amount lying credited in Modvat account at end of accounting year allowable : CIT v. Shri Ram Honda Power Equipment Ltd. p. 481



HIGH COURT JUDGMENTS

F Bad debt : Writing off amount itself sufficient : CIT v. Makpar Exports P. Ltd. (MP) p. 401

F Part of goods supplied rejected on ground goods unfit for human consumption : Loss allowable : CIT v. Makpar Exports P. Ltd. (MP) p. 401

F Procuring data, processing and interpreting data in respect of offshore exploration block in India : Payment to non-resident not FTS : Director of I. T. v. OHM Ltd. (Delhi) p. 406

F Transfer of ancestral house property and purchase of two flats : Assessee entitled to exemption : CIT v. Syed Ali Adil (AP) p. 418

F No failure of Revenue to bring Lrs of assessee on record : High Court's order recalled : CIT v. Mangi Lal (Raj) p. 422

F Admission procedure undertaken by an educational institution not a relevant consideration for denying approval under section 10(23C) : Geetanjali University Trust v. Chief CIT (Raj) p. 427

F Defect in admission procedure by an educational institution will not lose its character an entity existing solely for purpose of education : Chief CIT v. Geetanjali University Trust (Raj) p. 433

F Reasons for reopening assessment based on order of TPO valid : Sysarris Software P. Ltd. v. Deputy CIT (Karn) p. 443

F Arm's length price of transaction in earlier year : Like manner of transaction in subsequent year : AO forming opinion that income had escaped valid : Sysarris Software P. Ltd. v. Deputy CIT (Karn) p. 448

F Impracticability of giving effect to amended provisions for AY 2002-03 : Levy of interest not justified : Sankhla Polymers P. Ltd. v. ITO (Karn) p. 452

F Provisions relating to special deduction for industrial undertaking : No control over provisions of section 115JB : Sankhla Polymers P. Ltd. v. ITO (Karn) p. 452

F Book profit : Provisions must be given full effect : Sankhla Polymers P. Ltd. v. ITO (Karn) p. 452

F Liability for tax due from company does not include interest and penalty : Sanjay Ghai v. Asst. CIT (Delhi) p. 468

F Valuation of stock : Department not to make addition merely on basis of statement of third parties : CIT v. Smt. Sakuntala Devi Khetan (Mad) p. 484

F Capital gains : Value of property transferred prior to 1-10-2009 cannot be computed under amended provisions of section 50C : CIT v. Sugantha Ravindran (Mad) p. 488

F CBDT circulars binding on Revenue authorities : CIT v. R. Sugantha Ravindran (Mad) p. 488

F Loan given by assessee not reflected in return : Presumption as to unexplained loan : CIT v. Anil Kumar Bhatia (Delhi) p. 493




STATUTES AND NOTIFICATIONS

F Press Notes/Releases :
Central Direct Tax Advisory Committee (CDTAC) is to develop and encourage mutual co-operation between the taxpayers and the Income-tax Department and to remove administrative and procedural difficulties of a general nature : Finance Minister p. 9

F Notifications :
Income-tax Act, 1961 : Notification under section 10(15)(iv) : Tax-free, secured, redeemable, non-convertible bonds : Amendment p.11

Income-tax Act, 1961 : Notification under section 35AC(1), Expln., clause (b) : Eligible Projects or schemes p.38

Income-tax Act, 1961 : Notification under section 80-IA(4)(iii) : Industrial parks p.35

Income-tax Act, 1961 : Notification under section 90 : Agreement between the Government of the Republic of India and the Government of the Argentine Republic for the exchange of information and assistance in collection with respect to taxes p.46

Income-tax Act, 1961 : Notification under section 90 : Agreement between the Government of the Republic of India Government of the United Arab Emirates for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital : Second protocol p.43

Income-tax Act, 1961 : Notification under section 118 : Subordinate officers specified p.11

Income-tax Act, 1961 : Notification under section 120(1) and (2) : Jurisdiction of income-tax authorities p.31

Income-tax Act, 1961 : Notification under section 120(1) and (2) : Jurisdiction of income-tax authorities : Amendment p.11



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From: Ramachandran Mahadevan <ramachandran_ca@yahoo.co.in>
To: "aaykarbhavan@yahoogroups.com" <aaykarbhavan@yahoogroups.com>
Sent: Saturday, 27 April 2013 7:50 AM
Subject: Re: [aaykarbhavan] SEBI-FRAUDS

 
Patiently looking forward
to copy of judgement

Ramachandran


From: Dipak Shah <djshah1944@yahoo.com>
To: "aaykarbhavan@yahoogroups.com" <aaykarbhavan@yahoogroups.com>; ICAI_CIRC_MEERUT_CA Moderator <ICAI_CIRC_MEERUT_CA-owner@yahoogroups.com>; C A of Thane <ThaneCAs@yahoogroups.com>; "CA_UPDATE@yahoogroups.com" <CA_UPDATE@yahoogroups.com>
Sent: Saturday, 27 April 2013 5:20 PM
Subject: Re: [aaykarbhavan] SEBI-FRAUDS

 
Two to three days you will get the Copy of Judgment. !!!!!!!!!!!!!Wait for some time.


From: Dipak Shah <djshah1944@yahoo.com>
To: "aaykarbhavan@yahoogroups.com" <aaykarbhavan@yahoogroups.com>; ICAI_CIRC_MEERUT_CA Moderator <ICAI_CIRC_MEERUT_CA-owner@yahoogroups.com>; C A of Thane <ThaneCAs@yahoogroups.com>; "CA_UPDATE@yahoogroups.com" <CA_UPDATE@yahoogroups.com>
Sent: Saturday, 27 April 2013 6:46 AM
Subject: Re: [aaykarbhavan] SEBI-FRAUDS

 
SEBI itself is fraud. If I tell you High Court verdict of C C I petition all will stunned!!!!!!


From: Ramachandran Mahadevan <ramachandran_ca@yahoo.co.in>
To: icai circ <icai_circ_meerut_ca@yahoogroups.com>; "ThaneCAs@yahoogroups.com" <ThaneCAs@yahoogroups.com>; aaykar <aaykarbhavan@yahoogroups.com>; "aurangabad_ca@yahoogroups.com" <aurangabad_ca@yahoogroups.com>
Sent: Saturday, 27 April 2013 2:20 AM
Subject: [aaykarbhavan] SEBI-FRAUDS

 

Sebi may get greater powers to check money-pooling fraudsTAX

Executive Book Summaries®
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Market regulator Sebi may get greater powers to check money-pooling frauds by various entities across the country, as the government is considering a major overhaul of regulations governing such schemes. 

The proposed critical amendments to the securities laws, would also involve the capital markets regulator getting direct powers for attachment of properties, search and seizure of assets and powers to seek information from any entity in relation to its probes against erring persons and entities. 

The amendments could be made to a host of regulations, including the Sebi Act, the Securities Contracts (Regulation) Act and the Depositories Act, a senior official said. 

As a result, Sebi could be given powers for overall regulation and oversight of all kinds of money-pooling activities and the definition of Collective Investment Schemes would be expanded to include all kinds of activities involving collection of Rs 100 crore or more public money, he added. 

While CIS operations already come under Sebi's jurisdiction, many companies try to challenge the regulator's actions taking advantage of loopholes in the existing norms and on the grounds of multiplicity of regulators. 

The official said that Sebi has been given assurance by the government that the regulations would be amended soon. While proposals to these effects are being pursued by Sebi for almost four years now, a strong need to push with these changes has been felt in the recent months in the wake of a long-running tussle between Sebi and Sahara group. 

The recent developments involving an alleged defrauding of lakhs of investors by West Bengal-based Saradha group and other entities in the state have further underscored the need to change the regulations to give greater powers to Sebi.










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