VOL. 1 | PART 29 |  March 25, 2008

<DIRECT TAX LAWS>

n  Capital gains - If any amount is received after stay of award, in pursuance of any interim order as payment subject to final result, it would not be on an amount received as enhanced compensation under section 45(5)(b) - Chandi Ram v. Commissioner of Income-tax [IT APPEALS NOS. 4 TO 7 AND 438 OF 2005, 415 TO 417 AND 433 TO 437 OF 2007]

 

<CORPORATE LAWS>

n  Company Law Board - While exercise of original jurisdiction, as provided in section 47 and other similar sections of 1996 Act, should be by Court within jurisdiction of which suit would have been filed, forum to hear appeal against original order is to be tested with reference to appropriate law governing authority or forum which passed original order - Sumitomo Corporation v. CDC Financial Services (Mauritius) Ltd.  [Civil Appeal No. 1496 of 2008]

 

 - Since in view of provisions of section 10F, read with section 10(1)(a), proper forum to hear appeal from orders of CLB is High Court within jurisdiction of which registered office of company in issue is situated, appeal against any order of CLB, including an order passed refusing reference to arbitration, shall lie to High Court within jurisdiction of which registered office of company in issue is situated  - Sumitomo Corporation v. CDC Financial Services (Mauritius) Ltd. [Civil Appeal No. 1496 of 2008]

 

<DAILY CASE LAW REPORTER>

n  Punjab & Haryana High Court on section 45 of Income-tax Act, 1961 - Chandi Ram v. Commissioner of Income-tax [IT APPEALS NOS. 4 TO 7 AND 438 OF 2005, 415 TO 417 AND 433 TO 437 OF 2007]

 

n  Punjab & Haryana High Court on section 5 of Income-tax Act, 1961 - Commissioner of Income-tax v. Karanbir Singh [IT REFERENCE NO. 26 OF 1997]

 

n  Pune ITAT on section 54F of Income-tax Act, 1961 - Shetty G.D. v. Income-tax Officer [IT APPEAL NOS. 1180(PN) OF 2002]

 

n  Bombay High Court on section 148 of Income-tax Act, 1961 - Siemens Informations Systems Ltd. v. Assistant Commissioner of Income-tax [WRIT PETITION NO. 2386 OF 2006]

 

n  Pune ITAT on section 44AE of Income-tax Act, 1961 - Deputy Commissioner of Income-tax v. Sunil M. Kankariya [IT APPEAL NO. 350 (PN) OF 2003]

 

n  Mumbai ITAT on sections 80HHC, 115JB and 145 of Income-tax Act, 1961 - Income-tax Officer v. Suraj Jewellery (India) Ltd. [IT APPEAL NOS. 8800 AND 8801 (MUM) OF 2004]

 

n Supreme Court on section 483 of Companies Act, 1956 - Vijay Kumar Karwa v. Official Liquidator, Rohtas Inds. Ltd. [CIVIL APPEAL NO. 1661 OF 2008]

 

n  Delhi High Court on section 56 of Foreign Exchange Regulation Act, 1973 - Vijay Mallya v. Enforcement Directorate [CRL. REVISION PETITION NO. 554 OF 2001]

 

n   Supreme Court on section 11 of Arbitration and Conciliation Act, 1996 - You One Maharia v. National Highways [ARBITRATION PETITION NO. 12 OF 2007]

 

n Bangalore CESTAT on section 65 of Finance Act, 1994 - Power Best Electricals Ltd. v. Commissioner of Central Excise [APPEAL NO. ST/160 OF 2006]

 

n Chennai CESTAT on section 65 of Finance Act, 1994 - Professional Couriers v. Commissioner of Service Tax [S/PD/138/2007 AND S/193/2007]

 

<COMPLIANCE CALENDAR UNDER DIRECT TAX LAWS>

Due Date

Particulars For the period Form No.

31-3-2008

Issue of TDS Certificate (except for Salaries and Insurance Commission)

February

16A

31-3-2008

Issue of TCS Certificate

February

27D

31-3-2008

Filing of Return of Income/Wealth (Last date to avoid penalty u/s 271F)

Previous Year

ITR 1 to 8, V as applicable

31-3-2008

Payment of Advance Tax (Last opportunity)

Previous Year

-

<COMPLIANCE CALENDAR UNDER INDIRECT/CORPORATE & LABOUR LAWS>

Due Date

Particulars For the period Form No.

31-3-2008

Declaration of interest by directors in Form 24AA as per section 299 of Companies Act

-

-

31-3-2008

Payment of monthly central excise duty by large assessees and quarterly central excise duty by SSI units

-

-

31-3-2008

Payment of monthly service tax by large assessees and quarterly service tax by individuals, proprietary firms and partnership firms

-

-

<NEWS>

n  Budget 08 may only add set of woes to IT industry

n  No fresh tax proposals in TN budget
n  No new taxes in Delhi Budget
n  Paying taxes to be easy for firms
n  IRDA slashes solvency margins on term products
n  IRDA rules out discontinuing motor pool

n  Exposure cap to act as ULIP insurance

n  Subprime effect: Insurers may face cap on mortgage-backed paper

n  Gains from stock appreciation rights taxable

n  Now, work just 20 years for full pension

<A PREVIEW OF LATEST ISSUES OF TAXMANN'S JOURNALS>

n Vol. 13, Part 3, for the week of  March 21 - March 27, 2008
n Vol. 82, Part 6, for the week of  March 24 - March 30, 2008