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Archive: November, 2009

Posts in November, 2009

SEBI : Facilitating transactions in Mutual Fund schemes through Stock Exchange infrastructure

November 13, 2009 685 Views 0 comment Print

Stock exchanges and mutual funds/AMCs, based on the experience gained may further improve the mechanism in the interest of investors. Necessary clarifications, if any, would be issued at appropriate time by SEBI in this regard.

SEBI : Expiry Date for Equity Derivative Contracts

November 13, 2009 622 Views 0 comment Print

Based on recommendations of the Secondary Market Advisory Committee, it has been decided to allow flexibility to the Stock Exchanges to set the expiry date / day for equity derivative contracts

Prevention of Money laundering Act, 2002 – Obligations of NBFCs in terms of Rules notified thereunder

November 13, 2009 783 Views 0 comment Print

The Prevention of Money Laundering (Amendment) Act, 2009 (No. 21 of 2009) has come into force with effect from June 01, 2009 as notified by the Government. In terms of Sub-Section 2(a) of Section 12 of The Prevention of Money Laundering (Amendment) Act, 2009 (PMLA, 2009), the records referred to in clause (a) of Sub-Section (1) of Section 12 shall be maintained for a period of ten years from the date of transaction between the clients and the banking company and in terms of Sub-Section 2(b) of Section 12 of the Act ibid, the records referred to in clause (c) of Sub-Section (1) of Section 12 shall be maintained for a period of ten years from the date of cessation of transaction between the clients and the banking company.

RBI issued draft guidelines on Over the Counter (OTC) Forex Derivatives, Hedging and Freight Risk overseas

November 13, 2009 498 Views 0 comment Print

The Reserve Bank of India has, today, placed on its website the draft guidelines on OTC Foreign Exchange Derivatives and Hedging Commodity Price Risk and Freight Risk overseas (Annex) for public comments.

Circular No. 16/2009-2014, Dated: 13.11.2009

November 13, 2009 480 Views 0 comment Print

A representation has been received from Zonal Joint Director General of Foreign Trade, Mumbai Office seeking clarification regarding calculation of Foreign Exchange earned for redemption of EPCG Authorizations issued to Service Providers in terms of provisions ofCircular No. 25 dated 01.01.2008.

Madhu Koda associate deposited 640 crore cash in one branch of Mumbai bank

November 13, 2009 1303 Views 0 comment Print

This seems to be the biggest slip by an Indian financial institution which is supposed to maintain heightened vigilance on suspicious and high-value cash transactions. At least Rs 640 crore was deposited in cash by one of the alleged front companies of former Jharkhand CM Madhu Koda in a state-owned bank in Mumbai. The bank failed to trigger an alert to countless intelligence agencies tasked to keep a tab.

Procedure to form/incorporate LLP firm in India

November 13, 2009 4657 Views 0 comment Print

Register yourself on the website of Ministry of Corporate Affairs, developed for LLP services, i.e. www.llp.gov.in. This website may also be accessed through the website of the ministry www.mca.gov.in. On the home page of the URL www.llp.gov.in click “Register” tab on top right hand corner of the page.

Brand Name for Packing Industry: – All is well that ends well

November 12, 2009 1009 Views 0 comment Print

SSI Exemption is granted subject to fulfillment of certain conditions which are prescribed in Notification no. 8/2003. One of the conditions prescribed is that the SSI exemption will not be applicable to specified goods bearing a brand name or trade name of another person, irrespective of the fact whether such brand name was registered or not contained in Para 4 of the Notification. However, exceptions are also provided to this condition such as goods cleared as ‘original equipment’, goods bearing brand name or trade name of KVIC or if such goods were manufactured in factory located in rural area.

Validity of re-opening when no concealment of income and department applied higher tax rate of tax for framing re-assessment

November 12, 2009 1472 Views 0 comment Print

In assessment years 1995-96 and 1996-97, the only identical reason recorded by the Assessing Officer for reopening the assessment, with variation in the amounts involved, is that the interest income under section 244 A has escaped assessment and to reassess the same under section 147 of the Act notice under section 148 of the Act was issued. While completing the assessment under section 143(3) read with section 148 the Assessing Officer applied a higher rate of tax, i.e. @ 55%, applicable to foreign companies on the business income instead of the tax rate applicable to domestic companies, aga

Only simple interest on refund of TDS/Advance tax if refund is paid along with interest within the prescribed time period

November 12, 2009 5447 Views 0 comment Print

When we examine the facts of the present case, we feel that the aforesaid judgment of the Supreme Court would not come to the aid of the assessee and permit the assessee to claim interest on interest in the given situation. As far as the appeals at hands are concerned, it is not in dispute that on filing the return by the assessee and processing the case under Section 143(1)(a), the excess amount of TDS and advance tax paid by the assessee was r

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