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Archive: January, 2010

Posts in January, 2010

Application of certain provisions of Companies Act, 1956 to LLP

January 15, 2010 2381 Views 0 comment Print

Through the Notification No. G.S.R.6(E) dated 6th January, 2010, the Central Government in exercise of powers conferred by sub-section (1) of section 67 of Limited Liability Partnership Act 2008 (6 of 2009), made applicable the provisions of sections 441, 443, 445, 446, 448, 450, 451, 453, 454, 455, 456, 457, 458, 458A, 460, 463, 464, 465, 466, 467, 468, 471, 474, 476, 477, 478, 479, 481, 482, 483, 484, 486, 487, 488, 494, 497, 511, 511A, 512, 514, 515, 517, 518, 519, 528, 529, 529A, 530, 531, 531A, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 558, 559, 560 and 584 of the Companies Act, 1956 to a limited liability partnership, except where the context otherwise requires, with certain modifications.

Assignee liable for deficiency in service for insurance policy lapsed as a result of non-payment of premium in time

January 15, 2010 846 Views 0 comment Print

Assignee of a policy holder would be liable for deficiency in service if an insurance policy lapsed as a result of non-payment of premium in time, the National Consumer Commission has held. The apex consumer body held the Employment Provident Fund Commissioner (EPFC) responsible for deficient service for failing to deposit the premium of a policy holder to the LIC in time, which led to repudiation of claim by the company.

State Govt. PSUs do not need COD approval

January 15, 2010 1771 Views 0 comment Print

The assessee is a State Govt. undertaking. Its appeal was dismissed by the Tribunal on the ground that the approval of the Committee on Disputes (“COD”) had not been obtained. In a writ petition filed by the assessee, the Additional Solicitor General appearing for the revenue stated that it was not the contention of the revenue that COD approval

FDI hub in China

January 15, 2010 2741 Views 0 comment Print

China has been the first nation to come out of the dark clouds of recession. In my past articles I have tried to depict a picture of the Chinese economy as well as draw correlation with our Indian economic growth. We have seen Chinese economic growth from all sectors some correlated with Indian economic growth.

DGFT notification on amendment in Chapter 3 of FTP regarding Para 3.13.2, 3.14.2, 3.15.2 & 3.15.3

January 15, 2010 1246 Views 0 comment Print

In exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (No. 22 of 1992) read with Para 1.3 of the Foreign Trade Policy (FTP), 2009-14, the Central Government hereby makes the following amendment in Foreign Trade Policy:

Banks likely to request RBI to lower interest rate on savings accounts

January 15, 2010 546 Views 0 comment Print

Lenders are likely to ask RBI to lower interest rate on savings accounts to enable them to comply with the new directive requiring interest rates on these accounts to be calculated on daily balances. Interest rates on savings accounts are determined by the regulator are presently fixed at 3.5%.

Amendment in HBP-V1-Additional items-markets for incentives under chapter-3 schemes -Admissible date of Export/Period

January 15, 2010 754 Views 0 comment Print

In Appendices 37A, 37C, and 37D, the following is added after the existing note(s).“Note for Admissible Date of Export/ Period: The admissible date of export for claiming benefits is 27.8.2009, unless a specific date of export / period is specified by public notice/notification.

Oracle India challenge special audit direction by income tax department in Delhi high court

January 15, 2010 1670 Views 0 comment Print

Oracle India has approached Delhi High Court challenging the order of the government which had asked it to undertake a special audit of the tax returns filed by the IT firm. In its petition, Oracle India, a subsidiary of global IT firm Oracle Inc, requested the court to stay the direction passed by the Income Tax Department which had on December 29, 2009, ordered it to do a special audit of the tax returns filed by the firm for financial year 2006-07.

CBDT will make assessments more transparent

January 15, 2010 513 Views 0 comment Print

Individuals as well as corporates may have fewer occasions to meet the taxmen in future. The Central Board of Direct Taxes (CBDT) is thinking of putting in place a system in which taxpayers do not meet the assessing officer or any tax official for routine assessments. In the system being envisaged by the country’s tax regime, the tax payer would not know who his assessing officer is. Assessments will be centralised at one place where a set of officers will supervise the assessments. Each officer will be specialising in certain segment of the assessment process, such as giving credit, refunds, etc.

Drafting Articles of Association?

January 15, 2010 6312 Views 0 comment Print

Section 26. There may be in the case of public company limited by shares and there shall in the case of an unlimited company or a company limited by guarantee or a private company limited by shares, be registered with the memorandum, articles of association signed by the subscribers of the memorandum, prescribing regulations for the Company.

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