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    Summary of Union Budget 2009-10
    Income Claimed as exempted income whereas the same was not exempted - The impact of discloser in the return - No penalty could be levied under section...
    Income From Other Sources - Deduction of expenses incurred to accrue such income
    The revised procedure for furnishing information regarding remittances to non residents wi.e.f. 1 July, 2009
    Furnishing of Income Tax Return 2009-2010 - CBDT Clarified certain issues
    ECONOMIC SURVEY - 2008-09
    Procedure for furnishing information under sub-section (6) of section 195 of the Income-tax Act, 1961 read with rule 37BB of the Income-tax Rules, 196...
    UTN not mandatory for filing IT returns
    Suggestions / Requests in budget
    Wide ranging issues discussed at pre-budget meeting
    Whether auditors can refuse the department to have access to computer / laptops and/or refuse to provide password in case laptops have been seized.
    Authority for Advance Ruling rejected an application to deliver ruling on the ground of non availability of clear picture
    Whether extinguishment or transfer or surrender of tenancy / lease right is subject to Income Tax under the head Capital Gains
    Net direct tax collections register 5.77% growth
    Central Excise - Clubbing of clearances in case of units availing SSI exemption - Notification no. 8/2003
    Supreme Court Judgments in the matters of Mcdowell & Co. Ltd.
    TDS or TCS effected on or after the 1st April, 2009 but not later than 31st May, 2009 shall continue to be paid to the credit of the Central Governmen...
    New TDS and TCS payment and information reporting system- Notification No. 858(E), dated 25th March, 2009 published in Official Gazette-regarding.
    Direct tax collections register 8.33% growth during 2008-09
    Units setup in Exempted Areas - Claiming exemption from Income Tax u/s 80IA showing Huge Profit than normal - A long battle ahead
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July 6, 2009
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Fiscal expansion to stimulate growth through infrastructure investment and targeted agriculture and social programme support.
The Budget implements a deliberate fiscal expansion to revive growth by increasing public investment in infrastructure and rural development, instituting financing mechanisms for infrastructure projects, and creating new schemes for urban slum rehabilitation. It increases agricultural credit and enhances interest subvention with incentives for timely repayment, moves toward a nutrient-based fertilizer subsidy and direct transfers, and proposes a statutory food entitlement for poor households. Tax measures reconfigure direct and indirect tax reliefs and compliance rules while the expenditure programme raises plan and non plan outlays, projecting higher revenue and fiscal deficits with a stated commitment to medium term consolidation.
July 5, 2009
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Disclosure of income prevents penalty under 271(1)(c) where an incorrect exemption claim was fully transparent.
Whether a penalty under 271(1)(c) may be imposed where an assessee claims exempt income but nonetheless discloses the full particulars of its receipts. The tribunal found that the assessee had disclosed all material facts and had not concealed or furnished inaccurate particulars of income, and the penalty was deleted. A bona fide but incorrect claim of exemption accompanied by transparent disclosure of income heads does not automatically attract the penal provision.
July 5, 2009
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Deduction of expenses for income from other sources: standardized small-percentage allowance affirmed for interest and rent receipts.
Dispute concerns the scope of deductions under income from other sources for expenses incurred in earning interest and rental receipts; assessee claimed a small standardized percentage deduction for interest on bank deposits and rent from employees and displaced persons, which the Assessing Officer challenged. Tribunal practice and higher review applied precedents on permissible standardized expense deductions to permit a modest standard deduction reflecting expenses attributable to generating such receipts.
July 3, 2009
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Electronic filing for remittance undertakings mandated, requiring Form 15CB-based Form 15CA submission and RBI/authorized dealer forwarding.
The amendment authorises electronic filing of undertakings for remittances, prescribing that remitters obtain an accountant's certificate in Form 15CB, use it to electronically populate Form 15CA, print and sign the acknowledged Form 15CA, and submit both Form 15CA and Form 15CB in duplicate to the Reserve Bank of India or an authorized dealer, who will forward copies to the Assessing Officer; if a certificate from the Assessing Officer is obtained, Form 15CB is not required but Form 15CA must still be furnished with the AO certificate.
July 3, 2009
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Electronic filing requirement clarified: companies and audit-liable firms must file electronically; digital signature alters verification.
Returns are to be filed without annexures; supporting documents must be produced on demand and detached/returned if submitted. Audit and section 92E reports need not accompany returns but must be retained and produced when required. Companies and audit-liable firms must file electronically; digital signatures obviate Form ITR V, otherwise ITR V must follow electronic transmission within thirty days or require retransmission. ITR Vs are mailed to a designated Post Box for CPC processing. Pre-paid tax credits depend on schedule entries subject to matching, and the UTN requirement is temporarily kept in abeyance.
July 2, 2009
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Fiscal consolidation: restore fiscal deficit to target to support recovery while utilising energy price window for reforms.
The Survey links short term growth to global demand and domestic policy action, noting possible recovery if external conditions improve but risk of moderated growth if the downturn persists. It records a fall in private consumption due to wealth effects, labour uncertainty, credit contraction and precautionary saving, alongside resilient investment. The Government's fiscal expansion raised the fiscal deficit, prompting emphasis on fiscal consolidation to return to the FRBM target, supported by tax recovery and GST prospects, while monetary conditions and energy pricing reform remain key policy levers.
July 1, 2009
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Tax withholding compliance: electronic filing of Form 15CA with supporting accountant certificate required before remittance is made.
Procedure mandates electronic submission of Form 15CA via the Tax Information Network with a supporting Form 15CB certificate from a qualified accountant, printing and signing the acknowledgement for presentation to the Reserve Bank of India or an authorized dealer prior to remittance. The form requires validated remitter and recipient identification (PAN, TAN where applicable), two address fields, accountant details unless an assessing officer's order applies, and Part B particulars that must match Form 15CB with specified numeric and dropdown requirements; submission yields an acknowledgement number and enables reprinting.
June 30, 2009
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Unique Transaction Number requirement kept in abeyance; returns without UTN treated as compliant and existing TDS procedures continue.
The Unique Transaction Number (UTN) requirement from Notification No. 31/2009 is kept in abeyance; taxpayers may file income tax returns without a UTN and such filings will be treated as valid and compliant with the Income Tax Act. The Board will subsequently notify the date from which the notification applies to TDS and TCS deposits; until then deductors and collectors must continue depositing TDS/TCS and filing quarterly returns under the procedures existing before Notification No. 31/2009.
June 17, 2009
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Standard deduction reinstatement for salaried taxpayers to allow employment expense claims and reform TDS procedures.
Reinstate a standard deduction for salaried taxpayers and permit deductions for employment related expenses such as professional development and notice pay independent of employer allowances; strengthen HRA verification and payment rules, bring LTA under employer oversight, limit meal card benefits, and introduce family sensitive tax slab treatment and a long term savings subcategory within existing limits. Expand merger and demerger tax benefits to non industrial companies, and reform TDS procedures by removing deductor penalties for vendor PAN failures, imposing time limits for requests, allowing digital Form 16A signing, plus simplifying service tax payments and clarifying central excise registration for importers and depots.
June 12, 2009
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Pre-budget consultation: proposals on macroeconomic, devolution, sectoral and tax issues to inform budget formulation.
Union Finance Minister convened a pre-budget consultation with state and UT leaders to solicit proposals on macroeconomic policy, FRBM implementation and devolution, funding allocations for central schemes, implementation bottlenecks, sectoral needs (agriculture, irrigation, credit, MSME, roads) and tax matters; the Minister stated these suggestions would be considered in formulating the Budget for 2009-10.
June 7, 2009
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Client confidentiality limits revenue authorities' access to seized laptops without specific reasons or warrants, protecting unrelated client data.
The Court addressed whether authorities can compel auditors to disclose passwords or grant unrestricted access to seized laptops containing records of unrelated clients. Forensic examiners could not bypass passwords, and the auditors cited client confidentiality and professional ethics. The decision underscores that authorities cannot pursue fishing or roving inquiries into unrelated client data on seized devices and must have recorded reasons to believe and follow procedural safeguards before expansive intrusion.
June 7, 2009
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Tax withholding obligation may depend on whether payments qualify as teaching services under DTAA exclusion.
The Authority did not grant a ruling due to unclear factual picture but provided guidelines: payments clearly for tuition, workshops or seminars substantially connected to the payer's course of study, teleconferencing and e learning teaching to the institution's students, and fees for faculty teaching may qualify for the Article 12(5)(c) teaching exclusion; amounts attributable to intellectual property or unspecified technical services are not covered. Because the applicant made lump sum payments, the appropriate proportion chargeable to tax must be determined by the assessing authority under the domestic withholding determination procedure.
June 7, 2009
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Taxability of tenancy surrender: extinguishment qualifies as transfer but untaxable if capital gains computation is impracticable.
The surrender or extinguishment of a tenancy or lease right is a transfer of a capital asset because extinguishment is included in the definition of "transfer." When the assessee has not incurred an ascertainable cost to acquire the leasehold interest so that the statutory computation of capital gains cannot be applied, the receipt cannot be recharacterised and taxed under the residuary or casual income head; amounts outside the chargeability of capital gains are not taxable under an alternative head.
June 5, 2009
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Direct tax collections growth shows mixed movement as corporate and personal taxes rise while transaction and fringe taxes decline.
Net direct tax collections rose modestly in the opening two months, led by corporate and personal income tax increases while Securities Transaction Tax and Fringe Benefit Tax fell; refund payments, especially to non corporate taxpayers, rose significantly due to faster processing on the national computer network, and monthly receipts showed volatility with a strong May following a weak April.
May 28, 2009
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Clubbing of clearances can deny SSI exemption where units function as a single enterprise through common control and records.
Clubbing of clearances to deny SSI exemption depends on demonstration that distinct units operate as a single manufacturing concern: indicia include common management or partners, shared premises, common plant and machinery, combined staff, intermingled records, routing of production or sales through one unit, or clandestine removals. Revenue must identify which unit is real and which is dummy in show cause notices; absence of such identification or proof of lack of independent existence is a fatal flaw. Separate registrations, finances, meters and independent manufacturing capability rebut clubbing; proven clandestine removals or admitted noncompliance support duty demands and recovery of duty collected but not remitted.
May 27, 2009
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Allowability of royalty payments affirmed when a subsequent commercial agreement is bona fide, permitting tax deduction on business grounds.
Allowability of technical service charges under a later commercial agreement was sustained as not a subterfuge; depreciation claims for R&D assets were remanded for factual determination of actual use and nexus; furnishing a bank guarantee was held not to constitute actual payment under Section 43B; capital versus revenue treatment of expenditure on a replacement transformer was remitted for factual inquiry by the assessing officer.
May 21, 2009
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Electronic reporting requirement: Form No.17 must be filed for transitional TDS/TCS payments after initial physical challan use.
TDS/TCS effected between 1st April and 31st May, 2009 may be paid using the old physical challan but must be reported by the deductor/collector via electronic filing of Form No.17 between 1st July and 15th July, 2009; from 1st June, 2009 onward, TDS/TCS payments must be made electronically by furnishing income tax challan in Form No.17.
May 21, 2009
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TDS/TCS claim admissibility requires electronic deposit, deductor reporting and transaction matching under a UTN-based system.
The Board requires that TDS/TCS credit be allowed only if the deductor/collector has deposited the amount, furnished deductee information and the assessee's claim matches the deductor's information. Payments must be made electronically via Form No.17 with PAN, deductee name and amount uploaded to the TIN; each record will receive a Unique Transaction Number (UTN) to be quoted on revised certificates and returns. All TAN holders must electronically furnish quarterly compliance in Form 24C and quarterly returns are effectively replaced by an annual return.
May 21, 2009
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Direct tax collections rise despite slowdown, driven by corporate tax growth, stronger TDS and arrears recoveries, mixed securities tax.
Net direct tax collections rose in 2008-09, driven by corporate tax growth, higher TDS across corporate and personal categories, and substantial additional tax recovered from demands comprising arrears and current tax; securities transaction tax declined while the direct tax to GDP ratio increased compared with earlier years and the cost of collection edged up but remains low internationally.
May 13, 2009
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Reopening assessments under constitutional power enables reassessment where administrative review found prior exercise of revisional power flawed.
A partnership set up manufacturing units in an exempted area and claimed tax holiday deductions while reporting unusually high profits and minimal investment. After a Section 133A survey the Assessing Officer accepted returned income, but the Commissioner invoked Section 263, treated the assessment as prejudicial, disallowed the exemption, directed reassessment and issuance of Section 148 notices, and initiated interest and penalty proceedings; the matter escalated through appeals and constitutional intervention directing reopening of assessment by another Commissioner.

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