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Archive: 2009

Posts in 2009

Law of arbitration – company matters

December 11, 2009 5707 Views 0 comment Print

A brief about Arbitration Mechanism: In order to reduce the delay in courts in the process of traditional adjudication mechanism, the Alternative Disposal Mechanism (ADR) was mooted. The dispute resolution through Conciliation, Arbitration and Mediation etc., is regarded as alternative mechanism to resolve the disputes between or among the parties in a defined legal relationship.

AAR on Prima facie satisfaction for initiation of penalty proceedings required even post-amendment

December 11, 2009 1260 Views 0 comment Print

Section 271(1)(c) of the Income-tax Act, 1961 (“the Act”) empowers the Assessing Officer (“AO”) to levy penalty if he is satisfied that the assessee has concealed the particulars of income or furnished inaccurate particulars of income. A new section 271(1B) was introduced by the Finance Act, 2008 with retrospective effect from 1 April 1989, providing that in a case where an addition/disallowance has been made in computing taxable income/loss, a direction given by the AO to initiate penalty proceedings would deem to constitute „ satisfaction? for initiation of penalty proceedings.

Salaries paid by foreign company to its expatriates working in Indian branch office held to be allowable

December 11, 2009 2627 Views 0 comment Print

A T Kearney Ltd., UK (‘assessee’), a company engaged in the business of providing management consulting services, carried on its business operations in India through its branch office . The assessee deputed highly experienced personnel to train and develop the local expertise to provide services

AAR on Payment for end to end international long distance telecom services not taxable

December 11, 2009 1974 Views 0 comment Print

Cable & Wireless Networks India Private Limited („the applicant?) is engaged in the business of providing international and domestic long distance telecommunication services in India. It proposes to enter into an agreement with its group company, Cable and Wireless UK („C&W UK?) to provide end to end international long distance telecommunication services to its Indian customers.

Deduction u/s. 80-IB(10) on YOY basis to builders/developers showing profit on partial completion method

December 11, 2009 1336 Views 0 comment Print

Deduction under section 80-IB(10) available on a year to year basis for an undertaking engaged in developing and building housing projects showing profit on partial completion method

CVC asked to identify sensitive posts and rationalise transfer of the same

December 11, 2009 1662 Views 0 comment Print

THE Central Vigilance Commission (CVC) has issued instructions to identify sensitive posts in various Ministries/Departments of the Union Government. The Commission has issued instructions to the organizations under its advisory jurisdiction regarding rotation of officials working in sensitive posts. As per the instructions, the organizations were to identify the sensitive posts and effect rotational transfer on these posts every 2 or 3 years to avoid development of vested interest by the people working on these posts.

ICSI submits recommendations to Shri Salman Khurshid to strengthen corporate governance framework

December 11, 2009 975 Views 0 comment Print

Following the Satyam revelations in January 2009, an urgent need was felt to analyze the regulatory provisions that exist. Accordingly, the Council of the Institute of Company secretaries of India constituted a Core Group to look into the issues and to, inter alia, make suitable recommendations for policy and regulatory changes in the legal framework.

Central Goods and Service Tax may be applicable on Businesses with more than Rs 10 lakh turnover

December 11, 2009 1857 Views 0 comment Print

Businesses with more than Rs 10 lakh turnover may end up paying the central goods and services tax, with the Centre not agreeing to states’ suggestion of keeping the threshold at Rs 1.5 crore. The empowered committee of state finance ministers had suggested separate thresholds for central GST and state GST, wherein businesses below a […]

Excise exemption to Himachal Pradesh and Uttarakhand under review

December 11, 2009 21456 Views 0 comment Print

Himachal Pradesh and Uttarakhand, the two Himalayan states which have drawn thousands of crores of investments due to the tax benefits they offer, stare at the possibility of losing the status as Finance Minister Pranab Mukherjee looks to plug loopholes and boost revenues for a government that’s on a spending spree.

HC will hear the issue of tax on stake sale in Idea Cellular by foreign companies

December 11, 2009 1272 Views 0 comment Print

The Bombay High Court has postponed a hearing on details of another significant court case on the issue of jurisdiction of Indian tax authorities on foreign companies in business deals with Indian domestic ones. MMM Holdings and New Cingular Wireless, subsidiaries of AT&T, have challenged a showcause notice from the Income Tax Department in the HC here. There was a hearing a few days earlier, and a new date has been set.

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