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Archive: August, 2009

Posts in August, 2009

CESTAT cannot dismiss an appeal when a writ application thereto is pending before a high court

August 12, 2009 630 Views 0 comment Print

A Calcutta High Court judgment today held that Customs, Excise, Service Tax Appellate Tribunal (CESTAT) cannot dismiss an appeal when a writ application thereto is pending before a high court. The order gave much awaited relief to many appellants whose applications and pleas were pending before the CESTAT

Foreign companies can also claim benefit of lower Rate of Tax on Capital Gain from securities transaction

August 12, 2009 604 Views 0 comment Print

Foreign companies cannot be discriminated vis-a-vis Indian firms so far as capital gains tax on securities transaction is concerned, according to an order by the Authority for Advance Rulings (AAR). Giving its ruling in a case related to UK-based Fujitsu Services, AAR said the company should also be given an option of paying tax at […]

Public Notice No. 194 (RE-2008)/2004-09, Dated: 11.08.2009

August 11, 2009 376 Views 0 comment Print

The words ‘and discounts, if any’; appearing anywhere in Para 3.23.11 and modifications in ANF3C, 3D, 3E inserted vide Sr. No 1, 2(a)i & iii & (b)i & iii of Public Notice No. 151(RE-2008)/2004-09 dated 26.02.2009; is deleted from these references paragraphs and ANF headings.

Advance Authorization-Export of SCOMET items-clarification regarding

August 11, 2009 607 Views 0 comment Print

The above would be in supercession of Para III (1) (c) of the minutes of the Port Officers’ Meeting dated 25.11.2008. Provision regarding EOP as contained in the minutes would, however, remain applicable.

SEBI (Aid for Legal Proceedings) Guidelines, 2009

August 11, 2009 489 Views 0 comment Print

Where more than one application for aid is received by the Board on the same day, the Investors’ Association that has filed the petition/suit before the appropriate Court first, shall be considered for grant of legal aid.

Government will not interfere in appointment of Statutory Auditor of Listed Public Companies U/s. 224

August 11, 2009 630 Views 0 comment Print

The Government has said that the appointment of statutory auditor is made by the shareholders of a company in its annual general meeting and that it has no proposal to have the statutory auditors appointed by a Regulatory Authority in respect of listed companies. Giving this information in the Lok Sabha today in a written […]

LLP still not recognized by all the acts and states in India

August 11, 2009 1707 Views 0 comment Print

THE Ministry of Corporate Affairs wants other ministries, state governments and sectoral regulators to recognise limited liability partnerships (LLP) after over 100 entities registered under the LLP Act enacted last year.The ministry will write to all departments and regulators concerned to align their respective norms as per the new business structure, an official in the […]

If ST 3 returns and CENVAT credit returns are filed, then department cannot ask for tax beyond 1 year

August 11, 2009 2354 Views 0 comment Print

T.K. Jayaraman, Technical Member. – This appeal has been filed against the Adjudication Order No. 15/2007 (VR), dated 17-5-2007 passed by the Commissioner of Central Excise & Customs, Visakhapatnam-II Commissionerate. 2. Shri MSV Prasad, the learned Advocate, appeared on behalf of the appellants and Ms. Sudha Koka, the learned SDR for the revenue.

Irritated by ICAI messages; get registered for DND

August 11, 2009 6292 Views 0 comment Print

Members who are irritated by SMS sent by ICAI and its council members using ICAI SMS portal can register for do not call registry maintained by ICAI. Once register you will not receive those annoying SMS anymore. You can register for this facility at the following mentioned website:- 

Download your ICAI firm Constitution Certificate Online

August 11, 2009 166236 Views 10 comments Print

ICAI has provided the facility to members to download there firm constitution certificate online so that member need not to visit ICAI office for getting a copy of the same. To view and print the same member will require to follow following steps:- 1. Have to go the following website:-

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