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Archive: 2009

Posts in 2009

Sec. 143,rws 234A to 234C, of the IT Act and articles 12 and 7 of DTAA between India and USA

September 25, 2009 756 Views 0 comment Print

The application of 15 per cent rate of tax on the amount shown in the return of income would not fall under the category of determination of tax payable on the returned income on the basis of return of income under section 143(1) when the assessee had categorically stated in the note enclosed with the return of income that the returned income was not in the nature of `royalty’

Two separate agreements to purchase a flat having two separate numbers do not mean that they are two residential units

September 25, 2009 2341 Views 0 comment Print

word `property’ has been used by the legislature in a wider sense so as to include more than one house. However, the right to compute the ALV at nil in respect of self occupied property is restricted to one house even thought he property owned by the assessee may consist of more than one house.

Derivatives in which underlying asset is shares, will fall within the meaning of ‘commodity’ used in Sec. 43(5) of the Act

September 25, 2009 1228 Views 0 comment Print

Speculative transaction is a transaction in which contract for purchase and sale of any commodity is settled otherwise than by actual delivery. It is not in dispute that in the case of transaction in derivatives, the transaction is always settled otherwise than by actual delivery.

SEBI issued new code of conduct for intermediaries, including distributors of mutual funds

September 25, 2009 1125 Views 0 comment Print

The Securities and Exchange Board of India has issued a code of conduct for intermediaries, including distributors, of mutual funds. Asset management companies have been told not to deal with non-compliant intermediaries. They are to report such cases to the Association of Mutual Funds in India (Amfi) and Sebi.

Concept Creations Vs Addl. CIT (ITAT Delhi Special Bench)

September 24, 2009 1696 Views 0 comment Print

Insertion of Rule 13E in the I.T.A.T. (Recruitment and Conditions of Service) Rules, 1963, vide Notification No. GSR 389E dated 3-6-2009 prohibiting Retired ITAT President, Vice-President and members to appear before ITAT. No doubt the Ministry, as it were, built a nice palace so that all of us in the ITAT could lead a happy and blissful life hereafter

S. 195 / 201 liability cannot be avoided on ground of non-taxability of recipient

September 24, 2009 789 Views 0 comment Print

The assessee made payments to a foreign company for purchase of ‘shrink-wrapped’/ready-made software without deduction of tax at source u/s 195 (1). The AO held that the payments were chargeable to tax in the hands of the foreign company as “royalty” u/s 9 (1) (vi) and that the assessee was liable u/s 201 for non-deduction of tax and interest thereon.

Rescinds Notification No. 75/2006- Customs Duty, Dated: 19.07.2006

September 24, 2009 1306 Views 0 comment Print

In exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 75/2006- Customs, dated the 19th July, 2006, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 430(E), dated the 19th July, 2006, except as respects things done or omitted to be done before such rescission.

Amends Notification No. 154/1994-Customs Duty, Dated: 13.07.1994

September 24, 2009 1222 Views 0 comment Print

The principal notification No. 154/1994-Customs, dated the 13th July, 1994, was published in the Gazette of India, Extraordinary, vide number G.S.R. 583(E), dated the 13th July, 1994, and was last amended by notification No. 62/2008-Customs, dated the 6th May, 2008, that was published in the Gazette of India, Extraordinary, vide number G.S.R. 338(E), dated the 6th May, 2008.

TDS on payment made for purchase of software from non-residents

September 24, 2009 18156 Views 0 comment Print

The fact involved in the present case is that the assessee is a branch of Samsung Electronics Co Company Limited, Korea, engaged in the development, manufacture and export of software for use by its parent company, i.e., Samsung Electronics Co., Ltd., Korea. The assessee develops various kinds of software for telecommunication system for office appliances, for computer systems and for mobile devices etc.,. The software developed by the assessee is for in-house use by the parent company.

RBI Circular on Payment of Interest on Savings Bank Account on a Daily Product Basis

September 24, 2009 1689 Views 0 comment Print

On a review, it has been decided that the interest on balances in savings bank accounts would be calculated on a daily product basis with effect from April 1, 2010. Regional Rural Banks are advised to work out modalities to effect a smooth transition to the revised procedure.

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