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Archive: 20 November 2009

Posts in 20 November 2009

RBI advisory asked banks to limit their mutual fund (MF) exposure

November 20, 2009 714 Views 0 comment Print

The Reserve Bank of India (RBI) advisory to banks for limiting their mutual fund (MF) exposure has prodded the lenders to put in place a detailed investment norm. While large banks were capping their MF exposure at 20 per cent of total investment, smaller banks were limiting such investments to Rs 1,000 crore, executives at public sector banks said.

GST unlikely to be implemented from 1st April, 2010

November 20, 2009 1051 Views 0 comment Print

With issues like the exclusion of petroleum products from the purview of Goods and Services Tax (GST) yet to be resolved, India may miss the GST implementation deadline of April 1, 2010. “There are various issues remaining unsolved. Currently, we are taking various industries’ views on them to resolve them at the earliest,” a senior official of the Central Board of Excise and Customs told PTI here today.

ICSI proposes 7-Company cap on maximum number of directorship in listed companies

November 20, 2009 1030 Views 0 comment Print

The maximum number of listed companies in which an individual can serve as a director should not be more than seven, proposed the Institute of Company Secretaries of India (ICSI) to the ministry of corporate affairs (MCA). The proposal came in the light of ICSI view that a director needs to spend enough time to understand a company if he is to be involved in the decision-making process. At present, a person can hold the directorship of 15 listed companies.

Govt may introduce Governance code for unlisted companies

November 20, 2009 706 Views 0 comment Print

The Ministry of Corporate Affairs is all set to introduce a governance code for unlisted companies on the lines of the one for listed firms to encourage more companies to register on the stock exchanges. Elaborate disclosures and compliance with governance code is seen as one big reason why many companies do not want to raise public funds and list on exchanges.

Confiscation of goods cleared for home consumption

November 20, 2009 6560 Views 0 comment Print

To Confiscate means to appropriate private property to public treasury. Thus after confiscation the goods becomes a property of the government and the government candeal with it as it wants. Through option of redemption fine, government offers to some person to take ownership of the goods. Redemption fine is not a penalty and it has no penal connotation. In Blue Dart Express v. Commissioner of Customs the Tribunal observed that redemption fine in lieu of confiscation is not a fine as understood in criminal jurisprudence. Redemption fine is not a penalty in that sense. It is only an option to the person to pay an amount in lieu of confiscation. It contains no penal connotation.

Mens Rea in Taxation Offences

November 20, 2009 9667 Views 0 comment Print

“Mens Rea” literally means a guilty mind. It is a cardinal principle of English Common Law is that a persons cannot be convicted and punished in a proceeding of a criminal nature unless it can shown that he had a guilty mind. The principle is self explanatory. A person should be punished for deliberate defiance of law, rather than something which didn’t do intentionally or something which happened accidently etc. Nevertheless, the principle is most misunderstood.

Vigilant system to track corporate frauds

November 20, 2009 702 Views 0 comment Print

These alerts relate to related party transactions, non-payment of deposits, etc. In reply to an unstarred question in the Lok Sabha today, Minister of Corporate Affairs, Shri Salman Khurshid said that the Registrars of Companies and the regional directorates, have also been involved in this exercise. He also informed the House that strengthening of MCA-21 System is an on-going exercise and the Ministry of Corporate Affairs takes steps on regular basis to update and modify the system according to requirements.

Exposure draft of XBRL (eXtensible Business Reporting Language) Banking Taxonomy

November 20, 2009 958 Views 0 comment Print

XBRL (eXtensible Business Reporting Language) is an electronic format for communication of business and financial data which is revolutionising business reporting around the world. XBRL is one of a family of “XML” languages which is becoming a standard means of communicating information between businesses and on the internet. XBRL provides major benefits in the preparation, analysis and communication of business information.

Notification on Income-tax (Dispute Resolution Panel) Rules, 2009

November 20, 2009 20240 Views 0 comment Print

Notification No. 84/2009 – Income Tax 13. Rectification of mistake or error.- After the issue of directions under rule 10, if nay mistake or error is apparent in such direction, the panel may, suo motu, or on an application from the eligible assessee or the assessing officer, rectify such mistake or error, and also direct the assessing officer to modify the assessment order accordingly.14. Appeal against Assessment Order, – Any appeal against the Assessment Order passed in pursuance of the directions of the panel shall be filed before the Appellate Tribunal in Form No. 36B.

Before due date simply refers and means that not after the expiry of due date

November 20, 2009 1151 Views 0 comment Print

We have considered the rival contentions, relevant record and various decisions relied upon by both the parties. The undisputed factual position emerging out of the record is that in the case of first assessee in ITA Nos.826 & 827/09 the return of income for the assessment year 2003-04 was filed on due date but the return of income for

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