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Archive: August, 2009

Posts in August, 2009

Ministry defends MAT based on gross assets on the ground of efficiency and equity

August 29, 2009 507 Views 0 comment Print

The Finance Ministry on Thursday defended the concept of gross assets tax proposed under the new direct taxes code, stating that it met both “efficiency” and “equity” considerations. The proposal to go in for a minimum alternative tax (MAT) based on gross assets may be “unconventional” for India, but certainly not from the point of […]

Check PSU Audit (CAG) empanelment status of your CA Firm for the year (2009-2010)

August 29, 2009 3181 Views 0 comment Print

Empanelment status of C A Firms for conducting PSU Audit for the year 2009-10 can be viewed by visiting http://cagofindia.delhi.nic.in/caempanel/empstat-08.asp To check the empanelment status, please put name of applicant firm (at least three Characters ) or Online Acknowledgement Number or CAG’s Empanelment Number or Firm’s Station then click the submit button.

Implications of the draft code

August 29, 2009 688 Views 0 comment Print

The long awaited Direct Tax Code Bill 2009 (‘Code’) was finally unveiled by the Finance Minister on August 12, 2009. The Code seeks to bring all direct taxes under one code and pave way for a single unified tax reporting system. The Finance Minister has indicated that the Code has been drafted on a clean […]

State Govt. Undertakings do not need COD clearance

August 29, 2009 988 Views 0 comment Print

Cross appeals filed by the assessee, a State Govt. undertaking, and the department were dismissed by the Tribunal on the ground that the parties had not obtained the approval of the Committee on Disputes (“COD”). The assessee as well as the department challenged the decision of the Tribunal. HELD, reversing the decision of the Tribunal:

Futures & Options are speculative transactions u/s 43(5), S.43(5)(d) is not retrospective

August 29, 2009 885 Views 0 comment Print

A ‘derivative’ is a security representing the value of the underlying stocks and shares and must be given the same treatment as that given to the stocks and shares. Also, s. 43 (5) uses the term “commodity” in a wide sense and covers ‘derivatives’.

Note regarding revised procedure for furnishing information in respect of remittances to be made to non-residents, WEF 1.7.2009

August 28, 2009 468 Views 0 comment Print

As per section 195, tax is required to be deducted at source from payment to non-residents, if the same is chargeable to income-tax under the Income-Tax Act, 1961 (the Act). In this connection, it may be stated that as per the Instruction issued by the Reserve Bank of India (RBI), except in the case of certain personal remittances which have been specifically exempted, no remittance could be made to a non-resident, unless a No Objection Certificate (NOC) has been obtained from the Income-Tax Department.

Notification No. 130/2009-Customs Duty (N.T.), Dated: 28.08.2009

August 28, 2009 403 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 4 and sub-section (1) of section 5 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby appoints the Commissioner of Customs (Import), Jawaharlal Nehru Custom House, Nhava Sheva, Raigad, Maharashtra to act as a common adjudicating authority to exercise the powers and discharge the duties conferred or imposed on.

Notification No. 129/2009-Customs Duty (N.T.), Dated: 28.08.2009

August 28, 2009 526 Views 0 comment Print

for the purpose of adjudicating the matters relating to Show Cause Notice pertaining to M/s. Sambhav Textiles Limited, Village Khawajke, Rahon Road, Ludhiana and others, issued vide, DRI F.No. 856(12)/LDH/2006/Pt-I dated 28th July, 2008, by the Additional Director General, Directorate of Revenue Intelligence, Delhi Zonal Unit, New Delhi.

Notification No. 128/2009-Customs Duty (N.T.), Dated: 28.08.2009

August 28, 2009 475 Views 0 comment Print

S.O. (E). – In exercise of the powers conferred by sub-section (1) of section 4 and sub-section (1) of section 5 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby appoints the Commissioner of Customs, Custom House, Near Balaji Temple, Kandla – 370210 to act as a common adjudicating authority to exercise the powers and discharge the duties conferred or imposed on the Commissioner of Customs (Import), Air Cargo Complex, Sahar, Andheri (E), Mumbai – 400009 for the purpose of adjudicating the matters relating to Show Cause Notice pertaining to M/s Gujrat Narmada Valley Fertilizer Company Limited, P.O. Narmada Nagar, Bharuch issued vide, F.No. DRI/AZU/INV-31/2008, dated the 19th January, 2009, by the Additional Director General, Directorate of Revenue Intelligence, Zonal Unit, Ahmedabad.

Notification No. 127/2009-Customs (N.T.), Dated: 28.08.2009

August 28, 2009 433 Views 0 comment Print

for the purpose of adjudicating the matters relating to Show Cause Notice pertaining to M/s. Kailash Overseas, 3, Shatabadi House, Shopping Complex, Rohit Kunj, Pitampura, Delhi – 34 and another, issued vide, F.No. DRI/23/54/2006/DZU, dated 27th August, 2008, by the Additional Director, Directorate of Revenue Intelligence, Delhi Zonal Unit, Delhi.

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