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Archive: December, 2009

Posts in December, 2009

Employee may continue Mediclaim policy taken by his employer after change of Job

December 11, 2009 9813 Views 0 comment Print

General insurers, both private and public, have started offering continuity of features of group mediclaim policies to employees even after one quits an organisation where the cover was originally offered. People retiring can also continue to avail of the facilities of the group health policies. The only catch is that it no longer remains a group policy and gets struck off the list of covered employees of the company. It is now treated as an individual policy.

India can surpass China

December 11, 2009 786 Views 0 comment Print

India can surpass China as a global production hub for consumer durables with rationalisation of tax structure and policy support from the government, says a study by industry body Ficci and financial consultancy company PricewaterhouseCoopers. The study suggested tax rebates for high-end technology companies that set up research and development centres in India .

SEBI ask bourses to preserve records till the trial or investigation proceedings concludes

December 11, 2009 784 Views 0 comment Print

Market regulator Securities and Exchange Board of India asked bourses on Wednesday to preserve original records related to an investigation till the trial is over instead of the current practice of keeping the papers only for five years. The respective original is to be maintained till the trial or investigation proceedings have concluded, market regulator Sebi said in a circular to all stock exchanges.

Income received by a non-resident businessman from services coming within S. 44BB is not taxable U/s. 9(1)(vii) r.w.s. 44DA

December 11, 2009 2270 Views 0 comment Print

S. 44BB applies to an assessee engaged in the business of providing services or facilities in connection with ….. the prospecting … of mineral oils. On the other hand, Explanation 2 to s. 9 (1) (vii) defines “fees for technical services” to mean consideration for the rendering of technical services but not including consideration for mining or like project undertaken by the recipient.

Conversion of marble blocks into polished slabs and tiles constitutes ‘manufacture’ or ‘production’ u/s 80-IA

December 11, 2009 2504 Views 0 comment Print

The test for determining whether “manufacture” can be said to have taken place is whether the commodity, which is subjected to a process can no longer be regarded as the original commodity but is recognized in trade as a new and distinct commodity; the word “production”,

Company Dispute Resolution Mechanism in India – A brief

December 10, 2009 3134 Views 0 comment Print

With the experience of looking at the litigation before the Company Law Board and the Company Court, with the privilege of looking at various judgments under the provisions of Companies Act, 1956 while writing a commentary on Company Law and with what I have heard from few shareholders when they have grievance against the Company or the majority, I would like to express my views on the dispute resolution mechanism under the provisions of Companies Act, 1956.

Is Redressal Under Section 397/398 of Companies Act, 1956 Effective?

December 10, 2009 1614 Views 0 comment Print

Section 397 and 398 of the Companies Act, 1956 deals with “oppression” and “mismanagement” by the majority in a Company against the Minority Shareholders. How to construe “minority” for the purpose of section 397/398 is dealtwith under section 399 which prescribes qualification to approach the Company Law Board under section 397/398 of the Act. What amounts to “oppression” and is oppression completely different from “mismanagement” as dealwith under section 398; is another interesting issue to look into.

KYC Norms, AML Standards and Combating of Financing of Terrorism

December 10, 2009 697 Views 0 comment Print

Know Your Customer (KYC) Norms/Anti-Money Laundering (AML) Standards/Combating of Financing of Terrorism (CFT). Please refer to our letter RPCD.CO.RRB.No.5451/03.05.28-A/2009-10 dated November 16, 2009 on risks arising from the deficiencies in AML/CFT regime of Iran,Uzbekistan, Pakistan, Turkmenistan, Sao Tome and Principe.

Expenditure on replacement of machinery is capital expenditure

December 10, 2009 6925 Views 0 comment Print

M/s. Sri Mangayarkarasi Mills (P) Ltd. (“assessee/SMMP Ltd.”), engaged in the manufacture and sale of cotton yarn, incurred expenditure on replacement of machinery. While on one hand, SMMP Ltd. capitalized the said expenditure in its books of account and in its return of income, on the other, the same was claimed as revenue expenditure on the basis that such expenditure was merely incurred on replacement of spare parts in the spinning mill system.

DTC 2009 – Focus on Outbound investments from India

December 10, 2009 669 Views 0 comment Print

As a first step towards simplifying and bringing about structural changes in direct taxes, the new Direct Taxes Code („Code?) Bill 2009 has been released for public debate. This is expected to be presented in the winter session 2009 of the Parliament. The Code, once enacted, is proposed to be effective from 1st of April 2011.

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