Vol. 1, Part 1, Dated 2nd January, 2008

 

DIRECT TAX LAWS

From ITAT

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Only that much of profit as are arising due to assets and activities of PE of assessee in India can be brought to tax and if whole of activities of business are not carried out in India profit should be apportioned between that arising in India and that arising outside India - Galileo International Inc. v. Dy. CIT [IT Appeal Nos. 2473 to 2475 (Delhi) of 2000, 1733 (Delhi) of 2001 and 820 to 823 (Delhi) of 2005] [Order Date 30-11-2007]

SECURITIES LAWS

Statutes

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Draft Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2008

FEMA

Statutes

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Permission for Short selling of Equity Shares by SEBI registered FIIs - A. P. (DIR Series) Circular No. 23, dated 31-12-2007

DAILY CASE LAW REPORTER

Direct Tax Laws

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Mumbai ITAT on section 22 of Income-tax Act - Income-tax Officer v. Janta Bazar & Stores (P.) Ltd. [IT APPEAL NOS. 3849 TO 3855 (MUM) OF 2003] [Order Date 17-10-2006] 

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Bombay High Court on sections 37(1) and 40A(2)  of Income-tax Act -  Commissioner of Income-tax  v. Manjara Shetkari Sahakari Sakhar Karkhana Ltd. [IT APPEAL NOS. 394 TO 396, 418 AND 527 OF 2005, 247, 249 TO 252, 254, 255, 257, 260, 262 TO 265, 267, 277, 282 TO 289, 291 TO 299, 300, 305, 314, 317, 318, 325, 327 TO 329 AND 332 OF 2007] [Order Date 14-8-2007] 

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Punjab and Haryana High Court on section 143 of Income-tax Act - New Kailash Cotton Factory v. Assessing Officer-cum-Income-Tax Officer [I. T. APPEAL NO. 510 OF 2006] [Order Date 21-3-2007]  

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Orissa High Court on section 153  of Income-tax Act - Commissioner of Income-tax v. Orissa Forest Development Corpn. Ltd. [S. J. C. NO. 100(A) OF 1991] [Order Date 10-8-2006]

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Rajasthan High Court on section 10(14)  of Income-tax Act - Commissioner of Income-tax v. P. N. Verma [IT Reference No. 57 of `995] [Order Date 10-4-2006]

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Delhi High Court on section 37(1)  of Income-tax Act - R.C. Gupta v. Commissioner of Income-tax [IT REFERENCE NO. 153 OF 1986] [Order Date 3-9-2007]

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Chandigarh ITAT on section 37(1)  of Income-tax Act - Assistant commissioner of Income-tax v. Sahib Forge [I. T. APPEAL NO. 497(CHANDI) OF 2006] [Order Date 29-6-2007]

Service Tax

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New Delhi CESTAT on Rule 3 of the Cenvat Credit Rules, 2002 - CCE, Jalandhar v. Nakodar Co-operative Sugar Mills [EXCISE APPEAL NO. 3377 OF 2005] [Order Date 20-8-2007] 

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Chennai CESTAT on Rule 10 of the Cenvat Credit Rules, 2004 - Shree Rama Multi-Tech Ltd. v. Commissioner of Central Excise [APPEAL NO. E/88 OF 2007] [Order Date 3-7-2007] 

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Delhi CESTAT on Rule 4 of the Cenvat Credit Rules, 2002 - Shyam Forgings v. Commissioner of Central Excise [EXCISE APPEAL NO. 3136 OF 2005 - SM (BR)] [Order Date 22-8-2007]  

NEWS

Direct Tax

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Your income tax exemption limit may just go up this year

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Tax-GDP ratio to exceed target: FM

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Tax department to keep a close watch on research bodies

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Tax amnesty scheme pays off

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Income tax code overhauled: Chidambaram

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Direct tax mop-up may top Rs 3 lakh cr this fiscal

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Direct tax collection up 40%

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Chidambaram hints at direct tax rate cut

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Chidambaram hints at a 'moderation' in tax rates

Insurance Laws

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Insurers' body seeks service tax sop

Securities Laws

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SEBI targets company insiders making fast buck

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SEBI amends listing agreement 

Other Laws

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RBI to build its IT muscle, plans data centres in Maharashtra 

 
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