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Archive: 2009

Posts in 2009

SC admitted petition on applicability of service tax on selling of mutual fund products

September 24, 2009 531 Views 0 comment Print

The Supreme Court has admitted a petition which has raised an important question: Is selling mutual fund products a taxable service?  The apex court headed by Justice S H Kapadia admitted an appeal filed by Commissioner of Service Tax stating that sale of mutual funds (MFs) amounted to service for the purpose of levy of […]

ICAI requested for extension of due date for filing of return of Income

September 24, 2009 1478 Views 0 comment Print

Due to the fact that most of the establishments are virtually closed on account of festivals of Durga Pooja, Navratra’s and Dussehra, representations were received from members all over the country posing the difficulties faced by them in preparing and filing the return of income by due date. Hence, ICAI has made a representation to […]

ICAI – Announcement for panel for outsourcing of work of Technical Scrutiny of Balance Sheets

September 24, 2009 451 Views 0 comment Print

The Institute of Chartered Accountants of India while appreciating the initiative taken by the Ministry for ensuring good corporate governance and transparency for safeguarding the interest of the shareholders, creditors and the economy as a whole wishes to provide professional expertise of its members to the Registrar of Companies. For the purpose, it has been decided to prepare a panel of the members of the Institute and send the same to the Ministry.

Government proposal to constitute a supervisory mechanism opposed by ICAI, ICSI and ICWAI

September 24, 2009 799 Views 0 comment Print

A GOVERNMENT proposal to constitute a supervisory mechanism above the country’s three statutory institutes for accounting, company secretaryship and cost accounting and allowing their members to provide services in each other’s fields has been opposed by these regulators. Floated by the corporate affairs ministry, the proposal seeks to create an oversight mechanism that will oversee […]

Karnataka High Court rules on withholding tax obligation for non-resident payments

September 24, 2009 3809 Views 0 comment Print

This article summarizes a recent ruling of the Karnataka High Court (HC) [ITA No. 2808 of 2005] in the case of Samsung Electronics and others (Taxpayers). The HC held that any payment resulting in any income in the hands of a non-resident would be subject to withholding tax under the Indian Tax Law (ITL). Unless an order is obtained from the Tax Authority for withholding tax at a lower rate or for not withholding tax, a taxpayer would need to withhold tax on the income at the applicable withholding tax rates, even if the income may not be taxable in the hands of the non-resident.

Amends Notification No. 68/2006-Customs Duty, dated 30th June, 2006

September 23, 2009 475 Views 0 comment Print

The principal notification No. 68/2006-Customs, dated the 30th June, 2006 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R.394 (E), dated the 30th June, 2006 and was last amended by notification No.83/2008-Customs, dated the 1st July, 2008 which was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 493 (E), dated the 1st July, 2008.

Notification No. 11/2009-2014, Dated: 23.09.2009

September 23, 2009 412 Views 0 comment Print

In exercise of powers conferred under section 5, read along with Section 3 (2) of the Foreign Trade (Development and Regulation) Act, 1992, also read with paragraph 2.1 of the Foreign Trade Policy, 2009-14, the Central Government hereby makes the following amendments in the ITC(HS) Classifications of Export and Import Items.

Amends Notification No. 67/2006-Customs Duty, Dated: 30.06.2006

September 23, 2009 616 Views 0 comment Print

The principal notification No. 67/2006-Customs, dated the 30th June, 2006 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), vide number G.S.R.393 (E), dated the 30th June, 2006 and was last amended by notification No.125/2007-Customs, dated the 31st December, 2007 which was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 799 (E), dated the 31st December, 2007.

ST notification exempting service provided during the course of manufacture or processing of alcoholic beverages

September 23, 2009 954 Views 0 comment Print

Notification No. 39/2009 – Service Tax, The Central Government has issued a notification granting a limited exemption from the levy of Service Tax under the category of Business Auxiliary Services to taxable services provided by a service provider during the course of manufacture or processing of alcoholic beverages for or on behalf of the service recipient. The exemption granted is limited to the value of the inputs, excluding capital goods, used for providing the taxable services.

Service tax notification on Export of Services (Second Amendment) Rules, 2009 – Amendment in rule 3

September 23, 2009 453 Views 0 comment Print

Notification No. 38/2009 – Service Tax * Legal Consultancy Services provided in relation to immovable property are classified under the group where export of services is based on the criteria that the immovable property is located outside India. Legal Consultancy Services which is not in relation to immovable property shall be classified under the residual category, where the following specific conditions are required to be fulfilled –

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