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Archive: January, 2010

Posts in January, 2010

Mauritius Vice Prime Minister claimed his country is not a tax haven

January 29, 2010 3174 Views 0 comment Print

Dismissing the notion that Mauritius is a tax haven, the island nation’s Vice Prime Minister Ramakrishna Sithanen on Tuesday said he has not received any complaints from India about routing investments via his country to evade taxes. However, Sithanen, who is also the finance and economic development minister, promised to cooperate with Indian authorities to check tax evasion in case of complaints, but added his country would not welcome ‘fishing expeditions’.

Pinegrove International Charitable Trust v. UOI (P&H High Court)

January 29, 2010 2424 Views 0 comment Print

We have prefaced the discussion on provisos with the object of putting the real controversy in its true perspective. The orders passed by the Chief Commissioner are identical in all these cases and after hearing the learned counsel for the parties we are of the view that the following substantive questions of law would arise for determination of this Court:

Circular on adjustment of Advance FBT Paid for Assessment Year 2010-11

January 29, 2010 8606 Views 0 comment Print

Circular No. 2/2010-Income Tax The Finance Act, 2005 introduced a levy namely Fringe Benefit Tax (FBT) on the value of certain fringe benefits as contained in Chapter XII H (Sections 115 W to 115 WL) of Income Tax Act, 1961. By the Finance (No. 2) Act, 2009 a new Section 115 WM was inserted to abolish the FBT with effect from Assessment Year (A.Y.) 2010-11. Consequently, benefits given to employees are taxed as perquisites in the hands of employees in terms of amendments to Clause 2 of Section 17 of Income Tax Act, 1961.

Benefit of section 10(23C)(v) cannot be denied merely because there are profits

January 29, 2010 2381 Views 0 comment Print

S. 10(23C)(vi) provides that the income of any university or other educational institution existing solely for educational purposes and not for purposes of profit shall be exempt. The assessee was running a school solely for educational purposes and claimed exemption u/s 10 (23C) (vi).

Clarification regarding filing of Objections before Dispute Resolution Panel (DRP)

January 29, 2010 11518 Views 0 comment Print

A new section 144C was inserted in the Income-tax Act, 1961 vide Finance (No. 2) Act of 2009. Section 144C provides for constitution of a Dispute Resolution Panel (DRP) to decide cases of an eligible assessee as defined in sub-section (15) of section 144C of the Income-tax Act. The Dispute Resolution Panel Rules were notified vide SO No. 2958 (E) dated 20th November 2009.

RBI hikes CRR by 75 bps, No Change in Reverse Repo Rate and Repo rate

January 29, 2010 4704 Views 0 comment Print

RBI has increased cash reserve ratio by 75 bps to 5.75 Percent , the hike would happen in two stages, the first stage of hike of 50 bps will be effective from February 13 and the next 25 bps from February 27. RBI has not touched the the reverse repo rate which is at 3.25 percent and repo rate which is at 4.75 percent. CRR hike would suck out Rs 36,000 crore liquidity from the system.

SEBI circular on Disclosure of investor complaints and arbitration details on Depository website

January 29, 2010 1048 Views 0 comment Print

Based on the feedback and inputs received from them transparency in ‘grievance redressal’ is identified as a key area to augment investor protection. It is envisaged that transparency will also improve the general functioning of the market by providing investors the wherewithal to make informed choice.

CBEC amends tariff value of Brass scrap and poppy seeds

January 29, 2010 769 Views 0 comment Print

NOTIFICATION NO 10/2010-CUSTOMS (N.T.) – In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do, hereby makes the following further amendment in the notification of the Government of India

New GST rollout date will be known in April 2010

January 29, 2010 2350 Views 0 comment Print

It is official. The much-anticipated Goods and Services Tax (GST), which will replace most of the indirect taxes levied by the Centre and states, will not be introduced from the targeted date of April 1. The Bills pertaining to the introduction of a new law and amendment to the Constitution will not be tabled in the coming Budget session of Parliament. Finance Minister Pranab Mukherjee and state finance ministers will meet in April to decide a new date for the GST rollout.

Summary of comments made by Department of Revenue on First Discussion Paper on Goods and Service Tax (GST)

January 29, 2010 1591 Views 0 comment Print

Department of Revenue has agreed to most of the recommendations put forward by Empowered committee in FDP on GST relating to harmonious structure of rate, taxation base, exemptions, chargeability, definition of taxable event, taxable person, valuation, classification etc.However, there are certain areas where Department of Revenue has suggested changes or deviated from FDP. The said areas of differences are discussed below:

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