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Archive: 2009

Posts in 2009

Circular No. 824/1/2006-Central Excise-Clarification regarding prospective implementation of orders

December 3, 2009 997 Views 0 comment Print

Attention is invited to Board’s Circular No. 824 /1 /2006-CX dated 16 th January, 2006 on the aforesaid subject. It has been reported that some of the Commissionerates have taken a view that once an order has been passed on issues like classification/valuation etc., in that case, all subsequent removals must follow the said order even though appeal of the assessee against the said order is pending. It has further been reported that in case of removal without conforming to the said order, the goods have been seized on the ground that these have been cleared in violation of the order passed by the Adjudicating Authority.

RBI circular on Credit Information Companies (Regulation) Act, 2005- Circular No. UBD.BPD (PCB).Cir No.25/09.11.200/2009-10 Dated – December 3, 2009

December 3, 2009 781 Views 0 comment Print

UBD.BPD (PCB).Cir No.25/09.11.200/2009-10 Dated – December 3, 2009 The Government had in exercise of powers conferred by Section 35 of the Act issued (Removal of Difficulties) Order, 2008 dated January 24, 2008 extending the last date for taking membership of at least one credit information company by credit institutions to December 31, 2008. A copy of captioned Notification dated January 24, 2008 is enclosed for information and necessary action. Further extension of time is under consideration.

Marketing/Distribution of Mutual Fund/Insurance Products by Urban Cooperative Banks

December 3, 2009 1596 Views 0 comment Print

Please refer to our circulars UBD.No.BPD.PCB.Cir9/09.11.200/2003-04 dated August 18, 2003 and UBD.PCB. Cir.No.42/09.11.200/2006-07 dated May 7, 2007 permitting Urban Cooperative Banks (UCBs) to undertake insurance business as corporate agent and/or on referral basis without risk participation subject to fulfilment of certain conditions. UCBs have been advised to sell insurance products to the bank’s customers with adequate disclosure and transparency and they should not adopt any restrictive practice of forcing its customers to go in only for a particular insurance company in respect of products marketed by the bank. The customers should be allowed to exercise their own choice.

Applicability of service tax on service taken for execution of a specific work under category of manpower recruitment or supply agency

December 3, 2009 2943 Views 0 comment Print

In the case of supply of manpower individuals are contractually employed by the manpower recruitment or supply agency. The agency agrees for use for the services of an individual, employed by him to another person for a consideration.

Salman Khan acquitted of tax evasion charges made against him

December 3, 2009 2802 Views 0 comment Print

According to Express India the Bombay High Court has dismissed a case which was filed by the Income Tax Department against the actor.The case accused Khan of declaring his income for the year 1999-2000 as Rs 2,95,09,771 when he had actually earned Rs 4,63,64,106. Investigators charged the actor in 2006 after re-assessing his accounts.

Expenses incurred towards training cannot be termed as fee for technical services

December 3, 2009 7687 Views 0 comment Print

We have considered the rival submissions carefully in the light of the relevant material on record as well as the decision cited by the parties. After careful perusal of various authorities relied on either side would show that they are quite distinguishable because none of the case law deals with the training expenses. In these cases some principles have been laid down. We further find that the decision relied on by the learned counsel for the assessee in the case of Ishikawajima- Harima Heavy industries Ltd. v. Director of Income-tax (supra) is not applicable because that decision

CBI recovered cash, FDRs and jewellery worth nearly Rs 1 crore from the residence of Vasudevan

December 3, 2009 3754 Views 0 comment Print

During the last one week’s investigation into the bribery case against Company Law Board (CLB) member R Vasudevan, the Central Bureau of Investigation (CBI) has purportedly found that Vasudevan had made enough ill-gotten money. In fresh raids, the agency has recovered cash, FDRs and jewellery worth nearly Rs 1 crore from his residence.

A study on Patent infringement Law in India

December 3, 2009 10813 Views 0 comment Print

A Patent confers the exclusive right on the Patentee to make, distribute or sell the invention in India. This exclusive right is for 20 years. After 20 years, that invention becomes a public Domain. An infringement would be when any of three rights is violated. A Patentee may assign/ license all or some of these rights. The exercise of the rights so transferred in favors of the assignee or the licensee by the assignor or the licensor would not amount to infringement of the Patents.

Corporate governance meaning and Principles

December 3, 2009 8493 Views 0 comment Print

Corporate governance (CG) is one of the most talked about topics in business, indeed in society, today. Google search revealed 513 news citations during a single week in June 2006. Most academics, business professionals, and lay observers would agree that CG is defined as the general set of customs, regulations, habits, and laws that determine to what end a firm should be run. Much more fraught, however, is the question: “what defines good corporate governance?”

Can a CESTAT Member who has not completed probation can be relived from his duty without assigning any reason?

December 3, 2009 3439 Views 0 comment Print

RECENTLY the President of India was pleased to discharge Hon’ble member of the CESTAT Mr. PK Das, just a day before he was to complete his three year probation period. Can a Member of the Tribunal be sent home just like that? The answer, unfortunately is, `YES’.

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