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Archive: 29 December 2009

Posts in 29 December 2009

If the income is surrendered with the condition that no penalty be imposed, then the AO not justified in imposing the penalty

December 29, 2009 2165 Views 0 comment Print

In this case, we noted that the Assessing Officer has not brought out any specific charge for which the penalty has been imposed on the assessee under section 271(1)(c) of the Income Tax Act. He has not brought out whether the assessee has concealed the income or whether the assessee has furnished the inaccurate particulars of income.

Advance ruling on tax rate applicable to royalty income derived by a Japanese company in India

December 29, 2009 1406 Views 0 comment Print

The income by way of royalty accruing to the Japanese company is liable to be taxed in terms of Article 12 of the DTAA between India and Japan at a rate not exceeding 10 per cent from the assessment year 2008-09 onwards.

A shareholder has no "say" in management of a company unless and until he becomes part of management

December 29, 2009 847 Views 0 comment Print

Brief facts relevant for the purpose of deciding this issue are that the defendant no.1 company was a tenant in property no. 3 Amrita Shergill Marg, New Delhi. This property was leased by defendant no.5 M/s H.G.Gupta & Sons (HUF) to defendant No. 1 Company for residence of its officers. The company by a resolution in the meeting of Board of Directors held on 27.2.1974 allotted this property to late Lala Hansraj Gupta in his capacity as CEO/Chairman of the company. Late Lala Hansraj Gupta was father of plaintiff no. 2 and defendants no. 2-4 and grandfather of plaintiff no. 1.

RBI circular on Advance Remittance for Import of Rough Diamonds

December 29, 2009 1672 Views 0 comment Print

banks have been permitted to make advance remittance without any limit and without bank guarantee or standby letter of Credit, by an importer (other than Public Sector Company or Department / Undertaking of the Government of India /State Governments) , for import of rough diamonds into India from eight mining companies, subject to certain conditions.

Draft Bank Branch Auditors' Panel 2009-10

December 29, 2009 549 Views 0 comment Print

Draft Bank Branch Auditors’ Panel 2009-10. MEF00001 to MEF10000, MEF10001 to MEF20000, MEF20001 to MEF30000, MEF30001 to MEF40000 http://www.meficai. org/mef_draft_ panel.jsp? list=list4

Custom-Exchange-Rate-Import-Export-January-2010

December 29, 2009 3431 Views 0 comment Print

NOTIFICATION NO. 186/2009-CUSTOMS (N.T.) – the Central Board of Excise and Customs hereby determines that the rate of exchange of conversion of each of the foreign currency specified in column (2) of each of Schedule I and Schedule II annexed hereto into Indian currency or vice versa shall, with effect from 1st January, 2010 be the rate mentioned against it in the corresponding entry in column (3) thereof, for the purpose of the said section, relating to imported and export goods.

Instructions on Implementation of the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008

December 29, 2009 1706 Views 0 comment Print

‘Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008’ require that every package of cigarette or any other tobacco product shall have the specified health warning in the manner specified in the Schedule to the Rules. Such health warning shall occupy at least 40% of the principal display area of the front panel of the pack and shall be positioned parallel to the top edge of the package and in the same direction as the information on the principal display area.

Concessional rate of tax for foreign oil exploration and production companies

December 29, 2009 621 Views 0 comment Print

Income of foreign companies providing technical services and data to oil exploration and production companies in India will be taxed at a concessional rate, the Authority for Advance Rulings (AAR) on income tax has said in a recent decision. The ruling will be a big help to oil prospecting companies in India as they step up exploration activities, allowing them to avail of technical services and data more easily.

Custom Duty circular on Application of Kimberley Process Certification Scheme (KPCS) to Semi- cut diamonds

December 29, 2009 790 Views 0 comment Print

‘Kimberley Process Certification Scheme Secretariat, Namibia’ has now clarified vide a press release dated 30 November 2009 (copy enclosed) that “polishing a single or a few small facets will not transform rough diamonds into polished diamonds and make these fall off the KPCS radar and that semi-cut diamonds and their import or export remains subject to the requirements of the KPCS”.

19 PwC tax partners resigned following the resignation of the PwC tax head Dinesh Kanabar

December 29, 2009 1807 Views 0 comment Print

19 PwC tax partners have resigned following the resignation of the PwC tax head Dinesh Kanabar on Saturday December 26. Among the people who quit today are H Kotak, G Mistry and R Dhume – all of whom have joined KPMG. All the resigning partners were originally from RSM.

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