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Archive: February, 2010

Posts in February, 2010

Close business association between two or more persons does not by itself make them person acting in concert

February 9, 2010 930 Views 0 comment Print

We have carefully perused the show cause notice which was common to all the six entities including the appellant who were alleged to have acted in concert with each other in the acquisition of the shares of the target company. Apart from making a bald assertion in para S of that notice that all the notices were acting in concert, there is nothing else in the show cause notice to suggest that the appellant was acting in concert with the other notices.

Section 36(1)(vii) of Income tax Act,1961 with changes wef 1.4.1989

February 9, 2010 1215 Views 0 comment Print

Explore the Supreme Court’s landmark decision on bad debt write-offs post-April 1, 1989. Assessing officers must consider the write-off in company accounts.

Trade circular on Electronic payment under MVAT Act, 2002 and CST Act, 1956

February 9, 2010 970 Views 0 comment Print

The Sales Tax Department has implemented the scheme of filing electronic return successfully. In a step further to automation, it is now decided to provide facility for electronic payment. The Government has amended the rules relating to the payment vide notification cited at Ref-3. A new rule 45A is inserted. Now, amended rule provides that a State Government may issue notification and specify the class or classes of dealers required to make mandatory payment of tax interest or penalty, if any, or any amount payable by or under the Act electronically. This rule further provides that such e-payment shall be applicable for such period as may be specified in the said notification.

Central excise notification exempting certain specified goods

February 9, 2010 5560 Views 0 comment Print

Notification No. 01/2010-Central Excise, Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts the goods specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), other than goods specified in Annexure appended hereto, and cleared from a unit located in the state of Jammu and Kashmir

GJF opposed provisions related to stock seizure, MAT and TDS on payment for gold, diamonds, jewellery etc provided in new DTC

February 9, 2010 567 Views 0 comment Print

The Gems and Jewellery Federation (GJF), the national body of the jewellery trade in the country, has made a representation to the Ministry of Finance to seek modifications in the proposals in the Direct Taxes Code (DTC). The apex body is objecting to the search and seizure provisions, tax on gross assets and TDS on all payments.

SC will examine the plea of Punjab government related to mandatory deposit of 25% of the tax, penalty and interest for filing VAT appeal

February 9, 2010 588 Views 0 comment Print

The Supreme Court has decided to examine the plea of Punjab government pertaining to the provision of its VAT law which according to the government provides no exemption to the assessees from the mandatory deposit of 25% of the tax, penalty and interest for entertaining their appeal by the appellate authority.

No application yet for grant of 'Maharatna' status

February 9, 2010 540 Views 0 comment Print

Two weeks after it sought applications for granting the ‘Maharatna’ status along with greater autonomy for CPSUs, the Department of Public Enterprises has not received any response from the administrative ministries. “We are awaiting response from the ministries concerned.

GST rate may be fixed at 16%

February 9, 2010 1188 Views 0 comment Print

The long-awaited reform of India’s indirect taxes system is set to get a fillip , with a broad consensus forming within the finance ministry on a rate of 16% for the proposed Goods and Services Tax (GST) for both Centre and states combined. To be levied on all companies and traders with annual turnover of Rs 10 lakh and above, this would provide a tax base of 40-45 lakh assessees and ensure that neither the Centre nor states suffer any revenue loss.

Good news for CAs: CAG called for an increase in statutory audit fees of public sector undertakings

February 9, 2010 5293 Views 0 comment Print

The country’s apex audit body Comptroller and Auditor General of India (CAG) has called for an increase in fees paid to statutory auditors of all government companies. In a communication sent to managing directors of public sector undertakings (PSUs), the CAG said that with high inflation leading to audit cost escalation and increased compliance burden on auditors, it was “prudent’’ that the fees paid to auditors should be raised.

Prohibition on export of wheat and wheat products–exemption for export of wheat to Nepal

February 9, 2010 295 Views 0 comment Print

The prohibition imposed by this Notification on export of wheat shall not be applicable to export of 50,000 MT of wheat to Nepal through Food Corporation of India. The above mentioned quantity shall be exported by Food Corporation of India out of the Central Pool stock. Wheat may be exported at economic cost.

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