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Archive: 24 September 2009

Posts in 24 September 2009

Concept Creations Vs Addl. CIT (ITAT Delhi Special Bench)

September 24, 2009 1507 Views 0 comment Print

Insertion of Rule 13E in the I.T.A.T. (Recruitment and Conditions of Service) Rules, 1963, vide Notification No. GSR 389E dated 3-6-2009 prohibiting Retired ITAT President, Vice-President and members to appear before ITAT. No doubt the Ministry, as it were, built a nice palace so that all of us in the ITAT could lead a happy and blissful life hereafter

S. 195 / 201 liability cannot be avoided on ground of non-taxability of recipient

September 24, 2009 615 Views 0 comment Print

The assessee made payments to a foreign company for purchase of ‘shrink-wrapped’/ready-made software without deduction of tax at source u/s 195 (1). The AO held that the payments were chargeable to tax in the hands of the foreign company as “royalty” u/s 9 (1) (vi) and that the assessee was liable u/s 201 for non-deduction of tax and interest thereon.

Rescinds Notification No. 75/2006- Customs Duty, Dated: 19.07.2006

September 24, 2009 928 Views 0 comment Print

In exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 75/2006- Customs, dated the 19th July, 2006, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 430(E), dated the 19th July, 2006, except as respects things done or omitted to be done before such rescission.

Amends Notification No. 154/1994-Customs Duty, Dated: 13.07.1994

September 24, 2009 913 Views 0 comment Print

The principal notification No. 154/1994-Customs, dated the 13th July, 1994, was published in the Gazette of India, Extraordinary, vide number G.S.R. 583(E), dated the 13th July, 1994, and was last amended by notification No. 62/2008-Customs, dated the 6th May, 2008, that was published in the Gazette of India, Extraordinary, vide number G.S.R. 338(E), dated the 6th May, 2008.

TDS on payment made for purchase of software from non-residents

September 24, 2009 17601 Views 0 comment Print

The fact involved in the present case is that the assessee is a branch of Samsung Electronics Co Company Limited, Korea, engaged in the development, manufacture and export of software for use by its parent company, i.e., Samsung Electronics Co., Ltd., Korea. The assessee develops various kinds of software for telecommunication system for office appliances, for computer systems and for mobile devices etc.,. The software developed by the assessee is for in-house use by the parent company.

RBI Circular on Payment of Interest on Savings Bank Account on a Daily Product Basis

September 24, 2009 1245 Views 0 comment Print

On a review, it has been decided that the interest on balances in savings bank accounts would be calculated on a daily product basis with effect from April 1, 2010. Regional Rural Banks are advised to work out modalities to effect a smooth transition to the revised procedure.

SC admitted petition on applicability of service tax on selling of mutual fund products

September 24, 2009 369 Views 0 comment Print

The Supreme Court has admitted a petition which has raised an important question: Is selling mutual fund products a taxable service?  The apex court headed by Justice S H Kapadia admitted an appeal filed by Commissioner of Service Tax stating that sale of mutual funds (MFs) amounted to service for the purpose of levy of […]

ICAI requested for extension of due date for filing of return of Income

September 24, 2009 1130 Views 0 comment Print

Due to the fact that most of the establishments are virtually closed on account of festivals of Durga Pooja, Navratra’s and Dussehra, representations were received from members all over the country posing the difficulties faced by them in preparing and filing the return of income by due date. Hence, ICAI has made a representation to […]

ICAI – Announcement for panel for outsourcing of work of Technical Scrutiny of Balance Sheets

September 24, 2009 328 Views 0 comment Print

The Institute of Chartered Accountants of India while appreciating the initiative taken by the Ministry for ensuring good corporate governance and transparency for safeguarding the interest of the shareholders, creditors and the economy as a whole wishes to provide professional expertise of its members to the Registrar of Companies. For the purpose, it has been decided to prepare a panel of the members of the Institute and send the same to the Ministry.

Government proposal to constitute a supervisory mechanism opposed by ICAI, ICSI and ICWAI

September 24, 2009 637 Views 0 comment Print

A GOVERNMENT proposal to constitute a supervisory mechanism above the country’s three statutory institutes for accounting, company secretaryship and cost accounting and allowing their members to provide services in each other’s fields has been opposed by these regulators. Floated by the corporate affairs ministry, the proposal seeks to create an oversight mechanism that will oversee […]

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