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Archive: September, 2009

Posts in September, 2009

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

September 24, 2009 18153 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 1689 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 531 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 1478 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 451 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 799 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 […]

Karnataka High Court rules on withholding tax obligation for non-resident payments

September 24, 2009 3809 Views 0 comment Print

This article summarizes a recent ruling of the Karnataka High Court (HC) [ITA No. 2808 of 2005] in the case of Samsung Electronics and others (Taxpayers). The HC held that any payment resulting in any income in the hands of a non-resident would be subject to withholding tax under the Indian Tax Law (ITL). Unless an order is obtained from the Tax Authority for withholding tax at a lower rate or for not withholding tax, a taxpayer would need to withhold tax on the income at the applicable withholding tax rates, even if the income may not be taxable in the hands of the non-resident.

Amends Notification No. 68/2006-Customs Duty, dated 30th June, 2006

September 23, 2009 475 Views 0 comment Print

The principal notification No. 68/2006-Customs, dated the 30th June, 2006 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R.394 (E), dated the 30th June, 2006 and was last amended by notification No.83/2008-Customs, dated the 1st July, 2008 which was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 493 (E), dated the 1st July, 2008.

Notification No. 11/2009-2014, Dated: 23.09.2009

September 23, 2009 412 Views 0 comment Print

In exercise of powers conferred under section 5, read along with Section 3 (2) of the Foreign Trade (Development and Regulation) Act, 1992, also read with paragraph 2.1 of the Foreign Trade Policy, 2009-14, the Central Government hereby makes the following amendments in the ITC(HS) Classifications of Export and Import Items.

Amends Notification No. 67/2006-Customs Duty, Dated: 30.06.2006

September 23, 2009 616 Views 0 comment Print

The principal notification No. 67/2006-Customs, dated the 30th June, 2006 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), vide number G.S.R.393 (E), dated the 30th June, 2006 and was last amended by notification No.125/2007-Customs, dated the 31st December, 2007 which was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 799 (E), dated the 31st December, 2007.

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