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Archive: 2009

Posts in 2009

Tax gains, easy compliance in comparison to companies set to make LLP popular

April 28, 2009 837 Views 0 comment Print

The ministry of corporate affairs has said that out of the eight lakh companies in India, a large chunk of them would be interested in getting converted into limited liability partnership (LLP) once a suitable tax structure for LLP is brought in. We are getting enquiries from thousands of companies every week who are interested […]

I-T Dept makes online info submission mandatory for remittance of money to non-residents

April 28, 2009 846 Views 0 comment Print

In a move to plug loopholes that led to the alleged tax evasion by telecom giant Vodafone, the Income-Tax Department will make it mandatory for firms to submit information to it online before remitting payments to foreign companies, from July this year. “The information … shall be furnished electronically to the website designated by the […]

RBI, finance ministry divided on FDI relaxation given by of Press Notes

April 28, 2009 810 Views 0 comment Print

Capital account convertibility means that an investor is allowed to move freely from the local currency to a foreign currency. India has limited capital account convertibility to prevent shocks to the capital account and maintain a stable exchange rate, by stipulating sectoral norms that ensure a lock-in period for investments.

Policy Circular No. 82 (RE-2008)/2004-2009, Dated: 28.04.2009

April 28, 2009 772 Views 0 comment Print

To ensure that no unwanted material is imported under the garb of waste paper during this interim period (till the consignments are received along with pre-shipment inspection certificate), Customs would carry out a higher percentage physical examination of imported cargo, than normally prescribed by them under the rules.

Disallowance deduction u/s 80HHC in a case of MAT assessment is to be worked out on the basis of the adjusted books profits under Section 115JA of the Income Tax Act, 1961

April 28, 2009 891 Views 0 comment Print

CIT Vs. M/s K.G. Denim Ltd. (Madras HC) – The Assessing Officer is not entitled to touch the profit and loss account prepared by the assessee as per the provisions contained in the Companies Act, while arriving at the book profit under Section 115J and the book profit so arrived at should be the basis for taxation and therefore, the computation under Section 80HHC should be limited to the case of profits of eligible category only. The Tribunal has also come to the conclusion that in view of the non obstante clause available in Section 115JA it was clear that the provisions is a self-contained one and no other provision would have effect on it and thereby it was to be implemented as contained in the said provision.

YUM! Restaurants (India) Pvt. Ltd. Versus Commissioner of Income Tax

April 28, 2009 1860 Views 0 comment Print

Assessee-company under the tripartite agreement, in particular, clause 4.1 was under no obligation whatsoever to contribute any money to its wholly owned subsidiary YRMPL. The facts as found also show that whatever was spent by the assessee-company by way of advertisements towards liability to advertisers such as O&M and HTA etc. was allowed. Furthermore, the facts also reveal that the total contributions received during the period by YRMPL was Rs 2.64 crores out of which it had admittedly spent Rs 2.19 crores and the balance Rs 44.44 lacs remained unspent. The point to be noted is that what the assessee-company in law could not have claimed directly, that is, by making a provision for advertising expenditure could it then be allowed to claim an amount as an expense merely on account of the fact that it had set up an intermediary in the form of a wholly owned subsidiary

RBI Circular on Buyback / Prepayment of Foreign Currency Convertible Bonds (FCCBs)

April 28, 2009 1371 Views 0 comment Print

Attention of Authorised Dealer Category – I (AD Category – I) banks is invited to A.P.(DIR Series) Circular No. 39 dated December 8, 2008 and A.P. (DIR Series) Circular No. 58 dated March 13, 2009 on the captioned subject. In terms of Para 4 B of A.P (DIR Series) Circular No. 39 dated December 8, 2008, Reserve Bank has been considering proposals from Indian companies for buyback of FCCBs out of their internal accruals, under the approval route up to a total amount of USD 50 million of the redemption value per company, subject to a minimum discount of 25 per cent on the book value.

Circular No.66-Custom Duty, Dated: 28.04.2009

April 28, 2009 1159 Views 0 comment Print

The directions contained in this circular have been issued under sections 10(4) and 11 (1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and is without prejudice to permissions/approvals, if any, required under any other law.

RBI Circular on External Commercial Borrowings (ECB) Policy – Liberalisation

April 28, 2009 943 Views 0 comment Print

As announced in Para 107 of the Annual Policy Statement 2009-10 and considering the continuing pressure on credit spreads in the international markets, it has been decided to extend the relaxation in all–in-cost ceilings, under the approval route, until December 31, 2009. This relaxation will be reviewed in December 2009.

ICWAI made 6 Cost Accounting Standards mandatory w.e.f. period commencing on or after 1st April 2010

April 28, 2009 1577 Views 0 comment Print

The Council of the ICWAI at its 251st Meeting held on 12-13 February 2009 decided as below: Mandatory application of Cost Accounting Standards

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