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Archive: August, 2009

Posts in August, 2009

Allowability of expenditure incurred by foreign company before RBI approval

August 6, 2009 922 Views 0 comment Print

Income Tax Appellate Tribunal (ITAT) has ruled that foreign companies can claim tax deduction on expenses incurred in setting up a project office in India even if the mandatory approval from the Reserve Bank of India comes subsequently.  The ruling was issued in the case of Stork Engineers & Contractors of the Netherlands, which was […]

Taxability of commission paid by Indian Company to foreign company to promote its business in that country

August 6, 2009 3507 Views 0 comment Print

The Authority for Advanced Ruling has ruled that if an Indian company pays a commission to an overseas company to promote its business in that country, such payment will not be taxable in India. The AAR, a quasi judicial body on matters of taxation

Notification No. 120 (RE-2008)/2004-2009, Dated: 06.08.2009

August 6, 2009 469 Views 0 comment Print

In exercise of powers conferred by Section 5, read along with Section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992, also read along with paragraph 2.1 of the Foreign Trade Policy – 2004-09, the Central Government hereby amends Schedule-I of the ITC (HS) Classification of Export and Import Items, 2004-09.

Hasan Ali Khan have outstanding tax demand of 50,345 Crore

August 6, 2009 806 Views 0 comment Print

Stud farm owner Hassan Ali Khan tops the list of direct tax defaulters in the country. The outstanding demand against Khan as on March 31, 2009, is a whopping Rs 50,345 crore. In a written reply in the Rajya Sabha on Tuesday, minister of state for finance S S Palanimanickam gave the names of Top 100 defaulters of direct taxes worth Rs 1.41 lakh crore.

Amendment to Maharashtra Value Added Tax Act, 2002 to implement budget announcements

August 6, 2009 13621 Views 0 comment Print

The salient features of the MVAT Act amendments are briefly explained below: 2. Revised Returns-Section 20 (4) is substituted:- Earlier the revised returns could be filed anytime before the notice for assessment was served or within nine months from the end of the year, to which the return relates, whichever is earlier. Certain contingencies were not covered under aforesaid provision. Due to this many dealers could not file the revised returns in certain situations. Now section 20(4) is substituted and its scope is expanded to cover the following situations also:

Interpretative circular under regulation 5 of the Securities and Exchange Board of India

August 6, 2009 544 Views 0 comment Print

No acquirer, who together with persons acting in concert with him holds, fifty five per cent (55%) or more but less than seventy five per cent (75%) of the shares or voting rights in a target company, shall acquire either by himself or through persons acting in concert with him any additional shares entitling him to exercise voting rights or voting rights therein, unless he makes a public announcement to acquire shares in accordance with these Regulations

S.240 of the IT Act, 1961 cast obligation on the revenue to effect the refund

August 6, 2009 8307 Views 0 comment Print

Refund on appeal, etc. – Where, as a result of any order passed in appeal or other proceeding under this Act, refund of any amount becomes due to the assessee, the Assessing Officer shall, except as otherwise provided in this Act, refund the amount to the assessee, without his having to make any claim in that behalf:

Notification No. 121/2009-Customs (N.T.), Dated: 06.08.2009

August 6, 2009 448 Views 0 comment Print

forthe purpose of adjudicating the matters relating to Show Cause Notice pertaining to M/s. Kalinga Commercial Corporation, Plot No. C-112 HIG Housing Board Colony, Baramunnda, Bhubneswar – 1 and others, issued vide, DRI F.No. 55/KOL/APP/2008/PT/KCC dated 08th May, 2009, by the Additional Director General, Directorate of Revenue Intelligence, Kolkata Zonal Unit, Kolkata.

Notification No. 120/2009-Customs Duty (N.T.), Dated: 06.08.2009

August 6, 2009 397 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 Port Trust, Nhavato act as a common adjudicating authority to exercise the powers and discharge the duties conferred or imposed on the Commissioner of Customs (Import), New Custom House, Ballard Pier, Mumbai for the purpose of adjudicating the matters relating to Show Cause Notice pertaining to M/s GSF Collections Manufacturers, Musafirkhana, Sabu Siddique Road, B/H Radio Backbay, Masjid Bunder (W), Mumbai – 400 003 and others issued vide, F.No. DRI/MZU/C/INV-19/2008-09, dated the 26th May, 2009, by the Additional Director General, Directorate of Revenue Intelligence, Mumbai Zonal Unit, Mumbai.

Notification No. 119/2009-Customs Duty (N.T.), Dated: 06.08.2009

August 6, 2009 355 Views 0 comment Print

for the purpose of adjudicating the matters relating to Show Cause Notice pertaining to M/s. Innovative Printers Products Private Limited, GIDC, Village: Zak, District: Gandhinagar (Gujrat) and others, issued vide, F.No. DRI/AZU/INV-06/2008 dated 28th May, 2009, by the Additional Director General, Directorate of Revenue Intelligence, Zonal Unit, Ahmedabad.

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