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    Unique Transaction Number
    Finance Minister's reply to the debate on Finance (No.2) Bill,2009 in lok Sabha
    SYNOPSIS OF DEBATES - THE FINANCE (NO.2) BILL, 2009 - dated 27-7-2009
    High Court's ruling on Section 292BB as introduced by the Finance Act, 2008 regarding "Notice deemed to be valid in certain circumstances" - Absence o...
    Amendments to Finance (No.2) Bill, 2009
    SYNOPSIS OF DEBATES - THE FINANCE (NO.2) BILL, 2009 - dated 24-7-2009
    IT Return Processing Centres
    Net direct tax collections register 3.65% increase in the first Q
    Amount Received From its members - How to test the mutuality before levying Income Tax on Transfer Fees Received From the members by the Co-operative ...
    Customs Tariff Database Online released
    Investment in residential house property to claim exemption from capital arising out of sale of residential house property - Scope of Section 54F
    Change in Constitution of a Partnership Firm - Assessment under section 187(1) - Retirement of a Partner and Introduction of another Partner can not b...
    Taxability of income / profit arising out of sale of assets on which 100% depreciation charged being value less than Rs. 5000 - A decision by Supreme ...
    Attachment of Immovable Property for recovery of tax in arrear - diversion of immovable property to escape attachment
    Exemption to Co-operative Societies - Section 80P(2)(e) - Interpretation and Scope of Deduction as Defined by Supreme Court
    Extracts of FM’s reply in Lok Sabha to debate on Union Budget
    Taxation of Limited Liability Partnership
    TDS under Section 194C - Works Contract - Substantial Change in the provisions and coverage of Tax Deduction at Source to an activity which is sale cu...
    EXPLANATORY NOTES (CUSTOMS)
    Budget Speech by Finance Minister
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    July 29, 2009
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    Unique Transaction Number mandatory in tax returns to ensure verification and timely tax credit allocation.
    The Unique Transaction Number must be quoted in Income-tax return forms by assessees to whom it is allocated, as it will be allotted against each transaction where tax is deducted or collected at source to ensure prompt verification and accurate granting of tax credits; the requirement was deferred for the stated assessment year pending communication of the numbers, with the allotment system expected to become operational on the announced implementation date.
    July 27, 2009
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    Service tax timing and exemptions clarified, with targeted tax holidays and housing interest support to stimulate activity.
    Service tax additions and scope changes will take effect only after notified lead time; repairs and maintenance of roads are exempted from service tax. Section 80E interest deduction for education loans is extended to legal guardians. The sunset for the industrial park tax-holiday under section 80-IA is extended. Amendments expand tax-holiday eligibility under section 80-IB to additional energy and resource projects and broaden food-processing tax holidays to include meat, poultry, marine and dairy products. Housing support includes interest subvention routed through scheduled lenders and an extension of tax-holiday project completion deadlines. Deduction for severe disability under section 80-U is increased.
    July 27, 2009
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    Tax Reform expands the tax base and simplifies returns, reshaping levies and exemptions to fund pro poor programmes.
    Parliamentary debates on the Finance (No.2) Bill, 2009 focus on tax policy reforms to widen the base and simplify returns, sectoral reallocations to employment, infrastructure and social programmes, regulatory reform proposals for commodity exchanges to curb speculative impacts on essential food prices, and repeated calls to strengthen delivery and monitoring of centrally allocated funds while addressing regional and social equity concerns including BPL identification, food security and targeted reliefs.
    July 27, 2009
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    Notice deemed valid: absence of a notice held not curable under Section 292BB despite assessee cooperation.
    The article addresses Section 292BB, which deems notices served where an assessee has appeared or cooperated and precludes objections about non service, late service, or improper service unless raised before completion; it reports a High Court conclusion that absence of a notice is not curable under this provision, distinguishing curable defects from non issuance and noting the proviso requiring timely objection to preserve challenges.
    July 27, 2009
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    Capital gains valuation: cost of acquisition tied to declared values, changing tax treatment and deduction timing.
    The Bill treats cost of acquisition for capital gains as the fair market value earlier taken into account for specified securities and sweat equity, and deems values taxed under receipt provisions to be the acquisition cost for transferred properties; it also allows, for specified businesses, pre commencement expenditures wholly and exclusively incurred to be deducted in the year operations commence if capitalised in the assessee's books.
    July 27, 2009
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    Tax reform: tighten discretion, end retrospective tax changes and simplify compliance to protect revenue fairness and federal finances.
    The Finance (No.2) Bill, 2009 debates call for comprehensive tax reform including statutory limits on executive discretion, simplification of tax procedures such as PAN compliance, rejection of retrospective amendments affecting book profit computations, and enhanced procedural safeguards. The proceedings stress revenue composition concerns-growing non tax receipts and unequal sharing of natural resource accruals-and urge stronger centre state fiscal devolution and borrowing flexibility. Speakers press for targeted fiscal measures for disaster relief, agriculture, NREGA, environmental conservation and progressive taxation to address inequality, alongside institutional reforms of the Finance Ministry and Planning Commission.
    July 24, 2009
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    Centralised Processing Centre enables centralised processing of income-tax e-returns nationwide and faster refunds for electronic filers.
    The Government proposes establishment of a Centralised Processing Centre (CPC) at Bengaluru to centrally process income-tax returns for Karnataka and to handle all electronically filed returns nationwide, consolidating processing to expedite procedures and issuance of refunds to electronic filers irrespective of their place of residence.
    July 22, 2009
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    Net direct tax collections rose modestly in the first quarter, driven by corporate and personal tax growth despite higher refunds.
    Net direct tax collections rose 3.65% in the first quarter to June 2009, led by corporate tax growth (3.31%) and Personal Income Tax growth (4.38%), but restrained by a 52.01% increase in tax refund outgo. Fringe Benefit Tax and Securities Transaction Tax declined, while monthly net collections and Tax Deducted at Source (corporate and non-government PIT TDS) recorded positive growth.
    July 22, 2009
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    Mutuality principle: transfer fees from cooperative housing members qualify for non taxable treatment when mutuality tests are satisfied.
    The mutuality principle excludes from taxable income receipts that arise from non commercial activities directed to an identifiable member class where funds are applied for member maintenance and benefits and surplus distribution is restricted by bye laws and statute; receipts from non members at the time of payment fail this test.
    July 21, 2009
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    Customs tariff database enables streamlined analysis to support customs duty reform and rapid policy-making decisions.
    The Customs Tariff Database Online consolidates India's tariff schedules, duties, exemptions and amending notifications into a searchable repository covering over 11,000 tariff codes and the full composition of applied duties, non-tariff measures and import statistics. It provides country-specific preferential duty treatments for 13 regional and bilateral agreements and is designed for regular updates and interoperability with other trade databases to support analysis for customs duty reform and revenue assessment.
    July 20, 2009
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    Exemption for reinvestment in residential property requires construction or purchase, not mere renovation or plinth-area additions.
    Exemption for capital gains via investment in residential house property is confined to construction or purchase of a house; renovation or modification does not qualify. Addition of a self-contained floor constitutes qualifying construction, whereas mere increase in plinth area as a modification of an existing house does not satisfy the investment requirement for the exemption.
    July 20, 2009
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    Change of constitution in partnership prevents treating retirement and admission as dissolution for separate tax assessments.
    Change in the constitution of a partnership arising from retirement of partners and immediate admission of others, where the same name, business, assets, liabilities and profit shares continue, constitutes a change of constitution rather than a dissolution and reconstitution for assessment purposes; therefore assessment should cover the uninterrupted carrying on of the firm's business as a single period unless statutory exceptions apply.
    July 20, 2009
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    Balancing charge: sale proceeds of fully depreciated low-cost assets not taxable as recoupment; block regime alters treatment.
    Sale proceeds from disposal of fully depreciated low-cost packaging assets purchased before their inclusion in the block-of-assets regime are not taxable as recoupment under the general deeming provision or as a balancing charge; after statutory assimilation into the block regime, such disposals become subject to capital gains treatment under the asset-transfer provisions governing blocks of assets.
    July 20, 2009
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    Attachment of immovable property: conclusive administrative finding sustains statutory seizure despite subsequent purchaser's objections.
    The case concerns a departmental attachment of immovable property for tax recovery, a later purchase by a relative asserting bona fide title and individual ownership, and the Tax Recovery Officer's determination that the property was subject to the earlier attachment, a determination treated as conclusive and binding under the applicable Second Schedule rules and upheld in subsequent proceedings.
    July 20, 2009
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    Co-operative society deduction denied where government-regulated procurement and resale produce net trading receipts, not storage income.
    Where a co-operative society's receipts arise from government-regulated procurement and mandatory resale under statutory distribution orders, and the contractual and factual matrix shows two linked sales with netting of issue and sale prices, the net receipts constitute commercial/trading income rather than remunerative storage charges, and therefore do not qualify for the deduction for income from letting godowns or warehouses.
    July 14, 2009
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    Fiscal prudence urged to restore deficit targets while supporting stimulus and infrastructure investment and manage government borrowing.
    The Budget reply emphasises fiscal prudence while implementing stimulus: it cites economic recovery indicators, raises the agricultural credit target and concessional short term loans with repayment incentives, extends time under the Agricultural Debt Waiver and proposes tax incentives for cold chain investment. It increases rural and urban infrastructure outlays and social programme allocations, sets medium term fiscal deficit and revenue deficit reduction targets, explains the Government borrowing programme and RBI OMO support, and outlines a disinvestment approach favouring people ownership with Government majority and management retention while calling for financial sector reforms.
    July 10, 2009
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    Tax treatment of limited liability partnerships mirrors general partnerships, aligning entity-level taxation with partner-level exemption and conversion relief.
    The Finance Bill, 2009 assimilates LLPs to general partnerships for income-tax purposes, taxing the LLP as an entity while exempting partners on profit shares; it amends tax terminology to include LLPs, requires designated partners to sign returns, imposes joint and several liability in liquidation subject to proof against gross neglect, and makes conversion tax-neutral if rights, obligations, and asset/liability positions remain unchanged, otherwise triggering capital-gain provisions.
    July 9, 2009
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    TDS on contract payments widened to include material-inclusive invoices, changing withholding basis and recipient-based rates.
    TDS under Section 194C is amended to broaden withholding coverage and to treat contracts involving supplied materials as taxable either on the invoice value excluding separately stated material cost or on the whole invoice if material cost is not separately stated. The amendment adjusts withholding rates by recipient type and contract category, clarifies sub-contract withholding, and preserves a non-deduction per-payment threshold with an aggregate-year trigger for payer liability.
    July 6, 2009
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    Customs duty amendments revise tariffs, expand exemptions and add refund and procedural provisions for importers.
    Amendments revise customs tariff rates and exemptions across multiple chapters, lowering or exempting duties on specified raw materials, inputs, medical devices and select machinery while increasing duties on gold and silver and withdrawing certain exemptions. A new provision provides for refund of import duty where imported goods are defective or not as specified, subject to export, abandonment to customs or destruction and other conditions. Procedural changes authorize the Authority for Advance Ruling to act for customs, empower High Courts to condone appeal delays, limit compounding of offences, and validate prior notifications and actions; safeguard, countervailing and anti dumping machinery provisions are aligned with Customs Act procedures.
    July 6, 2009
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    Fiscal stimulus and tax reform to revive growth while advancing medium term fiscal consolidation and inclusive entitlements.
    The Budget combines immediate counter cyclical fiscal stimulus-expanded public investment in infrastructure, targeted refinancing via IIFCL, agriculture credit and subventions, export and MSME support-with medium term reforms to restore fiscal sustainability. It proposes tax reforms to improve equity and administration (personal exemption increases, abolition of fringe benefit tax, MAT recalibration, investment linked incentives, expanded presumptive taxation, dispute resolution mechanisms) and selective indirect tax adjustments to support industry, health, renewables and exporters while converging excise rates ahead of GST. Social inclusion measures expand entitlements under employment guarantees, draft food security legislation, rural development, health, education and financial inclusion.

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