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Archive: March, 2010

Posts in March, 2010

Guidelines on Stripping/Reconstitution of Government Securities

March 25, 2010 1734 Views 0 comment Print

STRIPS in Government Securities will ensure availability of sovereign zero coupon bonds, which will lead to the development of a market determined zero coupon yield curve (ZCYC). STRIPS will also provide institutional investors with an additional instrument for their asset-liability management. Further, as STRIPS have zero reinvestment risk (discounted instruments with no periodic interest payment thereby obviating the need for reinvestment of intermediate cash flows arising out of the investment), they can be attractive to retail/non-institutional investors.

More then two-fold rise in Income Tax department appeals in Supreme Court

March 25, 2010 780 Views 0 comment Print

In spite of having various appellate tribunals and commissions within its establishment, the Income Tax Department has registered a more than two-fold rise in appeals in Supreme Court in cases involving crores of rupees of the exchequer.

Priority Sector Lending – Categorisation of activities under Service under the MSMED Act, 2006

March 25, 2010 1191 Views 0 comment Print

[original cost excluding land and building and the items specified by the Ministry of Small Scale Industries vide its notification no. S.O. 1722 (E) dated October 5, 2006] does not exceed Rs. 5 crore in respect of manufacturing enterprises and investment in equipment (original cost excluding land and building and furniture, fittings and other items not directly related to the service rendered or as may be notified under the MSMED Act, 2006) does not exceed Rs. 2 crore in respect of service enterprises. Further, in terms of sub-paragraphs 3.1 and 3.2 of the same paragraph, Retail Trade forms a separate category under priority sector.

Making unsustainable claims do not amount to furnishing inaccurate particulars and Penalty u/s. 271 (1) (c) cannot be imposed

March 25, 2010 15697 Views 0 comment Print

CIT vs. Reliance Petroproducts Pvt. Ltd., (2010) 11 SCC 762 = (2010) 322 ITR 158. As the assessee had furnished all the details of its expenditure as well as income in its Return, which details, in themselves, were not found to be inaccurate nor could be viewed as the concealment of income on its part. It was up to the authorities to accept its claim in the Return or not.

The obligation to deduct the TDS u/s 195 (1) arises only when the payment is chargeable to tax

March 25, 2010 6264 Views 0 comment Print

The assessee, an Indian company remitted mobilization & demobilization charges of Rs. 8.65 crs by way of reimbursement to its parent company, a company based in Netherlands. The assessee applied to the AO u/s 195 (2) for a Nil withholding rate though the AO held that tax had to be deducted at 11%.

Initial Public offer – Issues, Pricing and Capital Market

March 24, 2010 6987 Views 0 comment Print

Issue Price – Final Price at which Equity Shares are issued and allotted in terms of the Red Herring Prospectus. Issue Price is decided by the Company in consultation with the Book Running Lead Manager on the Pricing Date.

Budget 2010 provided Special Incentive to Hotel Industry U/s. 35AD of Income Tax Act, 1961

March 24, 2010 1534 Views 0 comment Print

The Finance Act, 2009 inserted Section 35AD to allow deduction of capital expenditure (other than land, goodwill and financial instrument) incurred by the assessee engaged in the business of setting up and operating cold chain facility, warehousing facility for agriculture produce and laying and operating a cross-country natural gas or crude or petroleum oil pipeline network for distribution / storage.

Amendment to VAT act by ordinance is Legal

March 24, 2010 828 Views 0 comment Print

In a significant development, Speaker of Maharashtra Assembly Mr Dilip Walse-Patil allowed the government to table an ordinance seeking to amend the Value Added Tax Bill. On March 18, when the bill was first presented, the Opposition protested the move saying that the government did not have a right as the proviso, which empowered the government to change the law by the way of an ordinance was between 2005-07 only, hence promulgation of an ordinance was illegal.

Government may soon ban FDI in cigarette manufacturing and allied products

March 24, 2010 418 Views 0 comment Print

The commerce and industry ministry has recommended a ban on foreign direct investment in cigarette manufacturing and allied products involving tobacco, an official said. “We have sent the note to ban FDI in cigarette manufacturing and allied products to the Cabinet and it is expected to be taken up soon,” the official said.

No TDS on discount on sale of SIM card by telecom companies to prepaid distributors

March 24, 2010 1757 Views 0 comment Print

TELECOM giant Vodafone has told the Delhi high court that the discount offered by it to the prepaid distributors is not commission and hence the company is not liable to deduct tax at source on the sale of talk time by the company. It has challenged revenue department’s demand of about Rs 5 crore alleging non-deduction of tax at source for April 2009-Feb 2010

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