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Archive: November, 2009

Posts in November, 2009

Discretion: Root cause of Corruption

November 16, 2009 1827 Views 0 comment Print

Corruption is part and parcel of our life. A common person is faced with this problem, almost every time he approaches Public authorities for any permission, exemption or for any other public benefit. There are numerous allegations against public authorities for corruption with respect to functions like permission for building a residential accommodation, opening up a restaurant or any other commercial activity,

Custodial Violence (An enquiry into its causes)

November 16, 2009 2095 Views 0 comment Print

Custodial violence is a dark reality in our democratic country governed by “Rule of Law”. There are many instances when it has been examined that how torture is inflicted or who are the guilty persons or who get what compensation in cases of custodial violence. However, very few attempts have been made as to analyse the reasons of custodial violence. This paper is a humble attempt to analyse the reasons of custodial violence, and in this process will attempt to question some myths propounded by the unexamined realty.

Binding Effect of Precedence & Contempt of Court

November 16, 2009 4550 Views 0 comment Print

As per Article 141 of the Constitution of India, a law declared by the Supreme Court is binding on the all courts within the territory of India. Further, the principle of judicial discipline requires that orders of the higher authority be followed by the lower authorities. For the purposes of consistency and certainty in law, it is necessary that the principles of stare decisis be followed. The Supreme Court held in Govt. of Andhra Pradesh v. A P Jaiswal,

Interest on irregular Cenvat taken or utilized

November 16, 2009 759 Views 0 comment Print

“Where the CENVAT credit has been taken or utilized wrongly or has been erroneously refunded, the same along with interest shall be recovered from the manufacturer or the provider of the output service and the provisions of sections 11A and 11AB of the Excise Act or sections 73 and 75 of the Finance Act, shall apply mutatis mutandis for effecting such recoveries.”

ICAI permitted its overseas members to Vote by Post

November 16, 2009 855 Views 0 comment Print

Queries are being received from voters entitled to vote by post, especially on behalf of overseas voters, about the procedure to be followed, the manner in which the vote is required to be recorded, the manner in which the recorded ballot papers are to be returned, the last date and time by which the ballot papers should reach the Returning Officer at New Delhi, India, and the safeguards to be taken for ensuring that the ballot papers are treated as valid.

Income Tax department will send notice to companies who paid lesser advance tax

November 16, 2009 549 Views 0 comment Print

Based on the analysis, the field formations have been asked to send demand notices to companies before December 15, the deadline for the third instalment of advance tax payment. “Most companies have posted better-than- expected second quarter results. So we felt some of them may have paid lesser tax in the first two instalments, which we are now checking up,” a senior finance ministry official explained.

Foreign Foreign companies or individuals, including FII can enjoy lower capital gain tax

November 16, 2009 634 Views 0 comment Print

According to a recent decision of the Mumbai bench of the Income Tax Apellate Tribunal, non-resident companies and individuals are entitled to a beneficial rate of tax of 10% on long-term capital gains arising from the sale of shares of listed entities. Earlier, non-resident assessees were taxed at the rate of 20%.

Federation of Gujarat Industries supported demand for rewriting the Direct Tax Code

November 16, 2009 459 Views 0 comment Print

Federation of Gujarat Industries (FGI) here has supported the demand for rewriting the Direct Tax Code (DTC) and do away with changes suggested in Minimum Alternate Tax proposals as it could spell doom for companies.

CBDT withdrawn circulars related to taxability of foreign companies and non-residents, engaged in specified business activities

November 16, 2009 2467 Views 0 comment Print

The CBDT has cited that such withdrawal is on account of their interpretation by some taxpayers, seeking to claim relief, which was not in accordance with the provisions of the Indian Income Tax Act (Act) or the intention behind these circulars. Circular No. 23 was issued by the CBDT to provide clarifications regarding taxability of foreign companies and non-residents, engaged in specified business activities.

ICAI issued list of 400 companies for IFRS convergence by April 2011

November 16, 2009 1224 Views 0 comment Print

IFRS — issued by International Accounting Standards Board — is acknowledged by 113 countries. This is ICAI’s first list and more companies would be added on its next list, sources said. The first list comprises 439 companies. It includes BSE-Sensex companies, NSE-Nifty companies, companies that have raised debt of over $50 million abroad, financial sector companies, publicly accountable companies (with total borrowings of over Rs 1,000 crore), Indian subsidiaries of foreign companies that have implemented IFRS at the parent company and companies outside these categories with capital of over $50 million abroad.

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