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Archive: 11 December 2008

Posts in 11 December 2008

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 18, 2024 4425 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 18, 2024 3906 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

SEBI : Review of Provisions relating to Close Ended Schemes

December 11, 2008 343 Views 0 comment Print

. NAV shall be computed and published on daily basis.It has also been decided that a close ended debt scheme shall invest only in such securities which mature on or before the date of the maturity of the scheme.

Circular No. 106/9/2008-ST dated the 11th December, 08

December 11, 2008 810 Views 0 comment Print

Notification No. 41/2007-ST, dated 6/10/2007 allows refund of service tax paid on specified services used for export of goods. The Board has from time to time examined the procedural difficulties arising in implementation of this refund scheme.

CIT cannot disarray The AAR. An Attempt to belittle the role of this authority in the statutory scheme of adjudication cannot be countenanced

December 11, 2008 423 Views 0 comment Print

Burmah Castrol vs. DIT Mumbai The applicant, Burmah Castrol Plc. is a non-resident company incorporated under the laws of England and Wales. The applicant submits that during the financial year 2001-02, as per the directive of SEBI, it acquired 12,77,292 equity shares of Foseco India Limited (hereinafter referred to as “FIL”), an Indian company, for an acquisition price of Rs. 221.86 per share and also as per those directives paid a further amount of Rs.49.1429per share for the delay in making the Open Offer.

Amounts received towards reimbursement of expenses can, under no circumstances, be regarded as a revenue Receipt and not chargeable to income-tax

December 11, 2008 561 Views 0 comment Print

CIT VS. SIEMENS AG (BOMBAY HIGH COURT) If the Tribunal has answered an issue and that has not been challenged by the revenue, it will not be open to the revenue to raise the said issue again in respect of the same assessee; The judgement of the Supreme Court in Ishikawajima-Harima Heavy Industries vs. DIT 288 ITR 408 (SC) has been overcome by the Explanation to s. 9 inserted by the FA 2007 which provides that income from royalty paid by a resident would be deemed to accrue in India even if the recipient has no PE

A Good Tool for MVAT Audit

December 11, 2008 684 Views 0 comment Print

Have a look at a very small utility to verify the correctness of VAT and CST Registration Numbers under Maharashtra VAT Act, 2002.This small MVAT Registration Numbers validation utility can be used as atool for the VAT Audit to check the VAT and CST Registration Nos of the parties as the utility checks whether the numbers are in the proper format or not.

Where the income is actually received or has accrued in India, the resort to deeming provision is not warranted

December 11, 2008 691 Views 0 comment Print

MUSTAQ AHMED VS. DIT (AAR) Where the income is actually received or has accrued in India, the resort to deeming provision is not warranted and s. 5(2) is sufficient to create a charge in respect of non-resident’s income. Clause (b) to Explanation 1 makes no difference to this position.

While Announcing the Measures for Stimulating the Economy, Govt Failed to Do Justice with the Service Providers

December 11, 2008 244 Views 0 comment Print

It is strange that while reducing peak rate of excise duty from 14% to 10%, central government did not reduce the peak rate of service tax from 12% to 10% or 8%. After the reduction of excise duty with effect from 7-12-2008, now the rate of excise duty on packaged software will be 8% whereas rate of service tax on customized software will be 12%. [See excise notification no. 49/2006 CE dated 30/12/2006 as amended by notification no. 58/2008 CE dated 07/12/2008]

Revision of Excise and Customs Duty Rates and Service Tax Refund to Exporters

December 11, 2008 966 Views 0 comment Print

The three major ad valorem rates of Central Excise duty viz. 14%, 12% and 8% applicable to non-petroleum products have been reduced by 4 percentage points each. The revised rates will be 10%, 8% and 4% respectively.

Government Announces Measures for Stimulating the Economy

December 11, 2008 345 Views 0 comment Print

Government has focussed its attention on countering the impact of the global recession on India’s economic growth. On the monetary side, the RBI has sought to pump sufficient liquidity into the banking system to enable bank credit to meet the expanded requirements of the economy keeping in mind the contraction in credit from non-bank sources. Banks have been provided adequate liquidity through a series of reductions in the CRR and additional flexibility in meeting the SLR requirement.

High Court Verdict Strengthens Income Tax Department – CBDT Chairman

December 11, 2008 432 Views 0 comment Print

The CBDT, Chairman Shri N.B. Singh said that the decision of the Mumbai High Court in favour of the Income Tax Department in the case relating to transfer of securities of Vodafone Essar Limited has strengthened the hands of the Income Tax Department.

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