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Archive: December, 2009

Posts in December, 2009

Tenant given power to select own builder in case of redevelopment

December 15, 2009 2076 Views 0 comment Print

An amendment in the Development Control Regulation 33 (9) pertaining to cluster redevelopment has given tenants of old, cessed buildings in the island city the right to select their own builder. However, the ultimate power to sanction such schemes still rests with the landlords as without their consent no redevelopment can take place.

Sales Tax Has Precedence Over Bank Mortgage

December 15, 2009 1068 Views 0 comment Print

Despite valiant attempt on the part of learned counsel for the appellant to convince us that in view of some observations in Dena Bank Vs. Bhikhabhai Prabhudas Parekh & Co. & Ors., 2000(5) SCC 694, the issue raised in the present appeal requires consideration, in our judgment the issue is no more res integra. In State Bank of Bikaner & Jaipur vs. National Iron & Steel Rolling Corp. & Ors., (1995) 2 SCC 19, explaining the scope of Section 11- AAAA of the Rajasthan Sales Tax Act, 1954 (for short, “the Act”) which is pari materia to Section 13-B of the Orissa Sales Tax Act, 1947, a three-Judge Bench of this Court has held that the statutory charge created under Section 11- AAAA of the said Act, the sales tax dues shall have precedence over the mortgage created in favour of the Bank.

notification No. 182/2009-Customs Duty (N.T.), Dated: 15.12.2009

December 15, 2009 535 Views 0 comment Print

The Principal notification was published in the Gazette of India, Extraordinary, vide Notification No. 36/2001 – Customs (N.T.), dated, the 3rd August, 2001 (S. O. 748 (E), dated, the 3rd August, 2001) and was last amended vide Notification No. 176/2009-Customs (N.T.), dated, the 30th November, 2009 (S. O. 3059 (E) dated 30th November, 2009).

Confirmation of particulars for compilation of firms data as on 1st January, 2010 and Information for Firm Constitution Certificate

December 15, 2009 973 Views 0 comment Print

The Institute compiles data of firms as on 1st January every year based on the particulars as provided by the firms duly confirmed/updated/modified. The exercise for compilation of the data of the firms as on 1st January, 2010 is being undertaken.

ICAI president awarded with the honorary membership of the Certified Practising Accountant of Australia

December 15, 2009 1440 Views 0 comment Print

CA. Uttam Prakash Agarwal, President, the Institute of Chartered Accountants of India (ICAI), has been awarded with the honorary membership of the Certified Practising Accountant of Australia by Prof. Richard Petty, President, CPA Australia Ltd. CPA Australia is one of the largest accounting bodies in Australia. CA. Uttam Prakash Agarwal was bestowed with this honor during his visit to Washington D.C. to attend the Board Meeting of International Federation of Accountants (IFAC is the global organization for the accountancy profession to protect the public interest by encouraging high quality practices by the world’s accountants) .

CBEC amends Tariff Value of Brass Scrap and Poppy Seeds – Amendment in Notification No. 36/2001-Cus (N. T.), dated, 3rd August 2001

December 15, 2009 474 Views 0 comment Print

Notification No. 182/2009 – Customs (N. T.)- In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2001-Cus (N. T.), dated, the 3rd August 2001, namely: –

SEBI Cir No. IMD/FII & C/41/2009 on allocation methodology of debt investment limits to FIIs

December 15, 2009 856 Views 0 comment Print

The debt requests in this regard shall be forwarded to the dedicated email id fii_debtrequests@sebi.gov.in. The window for first come first served process shall open at 23:59 PM IST, December 17, 2009. Time period for utilization of the allocated debt limit through first come first served basis shall be 11 working days from the date of the allocation.

MAT will be eased for infrastructure companies in new DTC

December 15, 2009 876 Views 0 comment Print

The government is likely to ease the incidence of minimum alternate tax, or MAT, on infrastructure companies. The department of revenue plans to change the proposed direct tax code to exempt these companies from MAT for the first few years since they execute projects with long gestation periods. The code, in its current form, says all companies must pay MAT based on their gross asset value. In the case of infrastructure companies, this is very high since their asset base is huge. “It is oneof the proposals we are looking at,” a senior finance ministry official told.

Indian company giving bank guarantee on loan taken by its subsidiary abroad will have to pay tax

December 15, 2009 1579 Views 0 comment Print

An Indian company that provides a bank guarantee (BG) against a loan taken by a subsidiary abroad will now have to pay tax here for standing guarantee for its associate, irrespective of whether or not it has received a commission from the latter for the BG. Seven companies which have provided bank guarantees against loans taken by their subsidiaries abroad are already under the tax net of India’s transfer pricing administration, a senior income-tax official said.

Government rewritten corporate governance rules and tighten norms for CAs

December 15, 2009 765 Views 0 comment Print

The mammoth fraud at IT major Satyam, involving over Rs 14,000 crore as per CBI, proved to be the most brazen swindling act, forcing the government to re-write corporate governance rules during 2009 and tighten the norms for chartered accountants. While the investigating agencies had a tough time going through voluminous documents to get to the extent of the scam and uncover the modus-operandi of the fraud, disclosed by the company’s founder and then chief B Ramalinga Raju himself in January, it could still take quite some time for the courts to punish the guilty.

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