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Archive: April, 2010

Posts in April, 2010

Withdrawal of Circular no. 23 dated 23 July 1969 by CBDT is prospective in nature and will not apply to the pending cases

April 3, 2010 3875 Views 0 comment Print

Recently, the Mumbai bench of the Income-tax Appellate Tribunal (the Tribunal) in the case of DDIT v. Siemens Aktiengesellschaft (ITA no. 6133/Mum/2002, ITA No. 7589/Mum/2003) held that the withdrawal of circular no. Circular no. 23 dated 23 July 1969 and Circular no. 786 dated 7 February 2000 by Central Board of Direct Taxes (CBDT) is effective from 22 October 2009 as made applicable vide Circular no. 7 dated 22 October 2009.

Banks and NBFCs got time up to April 2013 to adopt IFRS

April 3, 2010 393 Views 0 comment Print

The government has given two more years to banks and NBFCs to align their accounting practices with the international financial reporting standards (IFRS). The core group of the ministry of corporate affairs extended the deadline to April 2013 at a meeting on March 29.

SEBI directed stock exchanges to post all their regulatory orders and arbitration awards on websites from this fiscal

April 3, 2010 330 Views 0 comment Print

Market regulator Securities and Exchange Board of India has directed stock exchanges to post all their regulatory orders and arbitration awards on websites from this fiscal to ensure greater transparency for investors. The exchanges have also been asked to post all such orders since April 1, 2007, on their websites within 30 days.

Not much success to ICAI in Satyam scam investigation

April 3, 2010 486 Views 0 comment Print

THE INSTITUTE of Chartered Accountants of India (ICAI) has so far made no headway in the proceed against the auditors for their alleged involvement in the Satyam scam.The disciplinary meeting was held on March 31,2010.

Foreign Companies planning to move AAR to seek clarity in respect of Investment Via Mauritius

April 3, 2010 435 Views 0 comment Print

MORE than a dozen foreign entities, which invest in shares of Indian companies using the Mauritius route, are planning to move the Authority for Advance Rulings (AAR) for clarity on the issue of tax liability in India. AAR is a quasi judicial body on tax disputes that involve overseas companies.

First Indian Depository Receipts (IDRs) Issue – Red Herring Prospectus filed with SEBI by Standard Chartered Plc- a discussion

April 3, 2010 1105 Views 0 comment Print

On 30th March, 2010 Standard Chartered Plc (`STANCHART’) filed its draft Red Herring Prospectus with SEBI for its proposed IDR issue. Lead Managers to the issue includes UBS Securities India Pvt. Ltd., Godman Sachs (India) Securities Pvt. Ltd, JM Financial Consultants Pvt. Ltd., DSP Merrill Lynch Ltd., Kotak Mahindra Co. Ltd., and SBI Capital Markets Ltd. Documents were filed through lead managers.

Analysis of eligibility criteria and other procedural guidelines for establishment of Branch office / Liaison office by foreign entities in India

April 3, 2010 1041 Views 0 comment Print

Under the current regulations, an application from a foreign entity to establish BO / LO in India is considered on the basis of the following Basic criteria: If principal business of the foreign entity falls under sectors where 100 percent foreign direct investment (FDI) is permissible under the automatic route.

With effect from 1 April 2010 higher rate of tax applies for tax withholding where PAN is not provided

April 3, 2010 1111 Views 0 comment Print

The Finance Act, 2009 introduced new provisions (section 206AA) in the Income-tax Act, 1961 (the Act). As per these provisions any person entitled to receive any sum on which tax is deductible under the Act shall furnish its Permanent Account Number (PAN) to the deductor. In case of failure in providing PAN to the deductor, the deductor is required to withhold taxes at higher of the following rates:

Revised Guidelines for grant of Employment Visas to Foreign Nationals

April 3, 2010 1935 Views 0 comment Print

The Ministry of Labour & Employment & Training has issued revised guidelines Vide notification no. DGE&T-M-26025/4/2009-MP (G) dated December 22, 2009 regarding eligibility criteria in respect of issuance of Employment Visas (EV) to foreign nationals coming to India for execution of projects in India.

Transfer Pricing: Importance’ of FAR analysis and guidance on some basic parameters to be considered in selecting appropriate’ comparables

April 3, 2010 1347 Views 0 comment Print

Chandigarh Tribunal (Special Bench) ruling in the case of DCIT vs. M/s Quark Systems Pvt. Ltd. (ITA No. 100/Chd/2009) and M/s Quark Systems Pvt. Ltd. vs. ITO, Ward 5(4) (ITA No. 115/Chd/2009) re-states the ‘importance’ of FAR analysis and provides useful guidance on some of the basic parameters which needs to be considered for selecting ‘appropriate’ comparables.

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