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Archive: 24 October 2007

Posts in 24 October 2007

Notification No. 43 (RE-2007)/2004-2009, Dated: 24.10.2007

October 24, 2007 223 Views 0 comment Print

In exercise of the powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) read with Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2004-2009, the Central Government hereby makes the following further addition with immediate effect at the end of Paragraph 2 of Notification No. 38(RE-2007)/2004-2009, dated 15.10.2007 (pertaining to prohibition on export of non-basmati rice) as amended.

Public Notice No. 74 (RE-2007)/2004-09, Dated: 24.10.2007

October 24, 2007 238 Views 0 comment Print

RA, will calculate unfulfilled export obligation, as per prevailing norms. In case norms are not fixed, R.A. will take up with Norms Committee for its fixation. Such export performance would only be taken into account, as within valid export obligation period of Advance Authorization.

Public Notice No. 73 (RE-2007)/2004-2009, Dated: 24.10.2007

October 24, 2007 271 Views 0 comment Print

The above procedure shall be applicable only in respect of EDI enabled ports. However, in case of exports through non-EDI ports, separate application shall be filed consolidating all shipments for each port. Such application for non-EDI shipments shall not be treated as supplementary application even if periodicity (Apr-Sept or Oct- Mar periods) is repeated.

Public Notice No. 72 (RE-2007)/2004-09, Dated: 24.10.2007

October 24, 2007 214 Views 0 comment Print

In respect of multi product exporters having their head office/registered office in the North Eastern States, RCMC may be obtained from Shellac & Forest Products Export Promotion Council.

ICAI comes out with new Accounting Standard

October 24, 2007 1052 Views 0 comment Print

Corporates houses, banks and financial institutions have got just 18 months to begin the changeover to a new set of transparency, inducing accounting standards that will have a major impact on their financial statements. The new norms to classify, value and disclose the complex financial instruments they trade in is expected to change the way exposure to many instruments are reported now, besides capturing many unreported exposures. Accounting standard setter the Institute of Chartered Accountants of India (ICAI) last Friday decided to introduce the new standards —recognition and measurement of financial instruments — from April 1, 2009.

Warrant of authorisation issued by Addl Director without proper authority

October 24, 2007 997 Views 0 comment Print

Warrant of authorisation issued by Addl Director without proper authority – entire search and assessment consequent to such invalid search is bad in law and annulled -ITAT. The warrant of authorization issued in the present case by the Addl. Director of Income Tax (Investigation) has therefore to be held without proper authority and the entire search as well as the assessment proceedings consequent to such invalid search has to be held bad in law and annulled.

Interest earned on surplus funds deposited in banks cannot be business income

October 24, 2007 1346 Views 0 comment Print

THE assessee company was incorporated with the main object of acquiring a holding of equity and preference shares of companies engaged in the business of cement, ready mix and aggregate and to provide financial management. It was the first return of the assessee company. The Assessing Officer noted that the total capital was at Rs.209.33 crores which was raised during this year, out of which a sum of Rs.207.78 crores was invested in the shares of Lafarge India Ltd. The assessee company also earned interest on fixed deposits of Rs.2,28,000/ – against which, it had claimed administrative and other expenses to the tune of Rs.2,69,85,000/ -.

Ruling on PF deductions from leave encashment

October 24, 2007 7102 Views 0 comment Print

Allowing a batch of writ petitions filed by various factories, Justice K. Chandru said leave encashment could not be considered part of the basic wage for deducting provident fund contributions. Employees usually did not exhaust their earned leave; they chose to encash them at the time of retirement, or the sum was paid to their heirs in case of contingency such as the death of an employee. Hence, they would not be benefited at all by provident fund deduction from the encashment of annual leave.

Interest on refund of interest paid u/s 234B of Income Tax Act allowed – ITAT

October 24, 2007 4359 Views 0 comment Print

THE assessee approached CIT(A) in appeal whereby CIT (A) allowed interest on refund of interest paid u/s 243B of the Income Tax Act. And predictably, the Revenue moved Tribunal in appeal against the said order.In this case, the refund is out of payments made by the assessee, clause (b) of sub-section (1) of section 244A would be workable as the date of payment by the assessee of the amount refunded is known with which the interest is to run.

CA Certificate required before before making remittances to non-residents

October 24, 2007 6257 Views 0 comment Print

Reserve Bank of India (RBI), vide its AP (DIR) circular no. 03/2007-08 dated 19.07.2007, has clarified that a remitter of foreign exchange is required to submit to the authorised dealer, an undertaking and CA certificate in the format prescribed by Central Board of Direct Taxes (CBDT) vide circular No. 10/2002 dated October 9, 2002 at the time of making the remittance in foreign exchange to non-residents including remittances which are in the nature of trade transactions such as import payments.

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