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Archive: April, 2010

Posts in April, 2010

Taxability of Architectural services provided by a limited partnership under the provisions of DTAA with USA

April 3, 2010 5729 Views 0 comment Print

AAR Ruling: Architectural services provided by a limited partnership is liable to tax as “fees for technical / included services” as per the provisions of India-US Double Taxation Avoidance Agreement [HMS Real Estate Pvt. Ltd. (A.A.R. No. 832 of 2009)].

Clarification on refund of input taxes to exporter of Services under Notification 5/2006-CE (NT) dated 14.03.2006

April 3, 2010 875 Views 0 comment Print

While the Refund Notification has been in existence for more than three years, the Service tax department has been somewhat slow in processing the refund claims, on account of various procedural grounds. One of the primary issues of contention in this regard has been proof of nexus between the input services used and the output services exported.

Delhi VAT rates after Notification

April 3, 2010 38633 Views 1 comment Print

AMENDMENTS IN RATE OF ITEMS WEF 01.04.2010. 1. In the first schedule appended to Delhi value Added tax Act, 2004(Delhi Act 3 of 2005, hereinafter refer to as the “principal Act” (a) The commodity mentioned at S1 no. 73 and 74 shall be omitted. * Commodity No. 73 ;- Bio Inputs bio-fertilizers, Micro-nutrients and Plant growth promoters. Commodity No.74;-Kerosene-stoves, Lanterns and petromax and their spares.

RBI relaxed norms for assets classification in respect of advances pertaining to Projects under Implementation

April 3, 2010 753 Views 0 comment Print

RBI has eased asset classification infrastructure and project loan guidelines, which in turn will lower the amount of bad loans in the books of banks. Till now, a bank had to classify a project loan as a ‘sub-standard’ asset if commercial operations did not start within six months of the completion of the project, even if the company regularly serviced its loan.

ICAI panel suggested formation of separate regulatory framework to oversee foreign firms working in India

April 3, 2010 603 Views 0 comment Print

A panel formed by the apex body of accountants to study the fallout of the scam at Satyam Computer Services Ltd has suggested the formation of a separate regulatory framework to oversee foreign entities providing a range of management consultancy, auditing and other services to Indian clients.

397/398 –Role of Company Law Board – Indian Company Law

April 2, 2010 4469 Views 0 comment Print

As we all aware, section 397/398 of the Companies Act, 1956 deals with oppression and mismanagement and the protection to the minority against the majority. The law makers could not have expected that a situation will come where a majority are harassed or oppressed by the minority. Sections 397/398 and other connected provisions of companies act, 1956 meant to provide relief to the minority shareholders against the majority when minority are oppressed or the property of the company is mismanaged.

Reintroduction of the erstwhile Income-tax Rules with regard to TDS/ TCS

April 2, 2010 969 Views 0 comment Print

Background :-The Central Board of Direct Taxes (CBDT) had made certain amendments vide Notification No. 31/2009 dated 25th March, 2009 in respect of –the Tax Deduction at Source (TDS)/ Tax Collection at Source (TCS) payments; and Compliance requirements (furnishing of quarterly statements / forms, issue of annual certificates, etc.).

Indian Economic Survey 2009-10 – Key Highlights

April 2, 2010 993 Views 0 comment Print

The Finance Minister presented the Economic Survey 2009-10 before the Parliament. It is a report card of India’s economic performance which gives the current and expected direction of the Government Policies. The key highlights of the same are given below:

Income tax department sought SC’s direction on taxability of sales tax incentives in RIL case

April 2, 2010 508 Views 0 comment Print

The income tax department has sought the Supreme Court’s direction to decide if Reliance Industries Ltd should pay tax on sales tax incentives given to them by the governments of Maharashtra and Gujarat. A bench headed by Justice S H Kapadia has sought reply from the company headed by Mukesh Ambani. The tax of Rs 368 crore is for the company’s two units at Hazira and Patalganga for the assessment year 1998-99.

MVAT Notification for Goods notified under sub-entry (a) & (b) of entry 101 of Schedule C

April 2, 2010 1465 Views 0 comment Print

No. VAT. 1510/CR. 47A/Taxation- l.—In exercise of the powers conferred by sub-entry (a) of-entry 101 of Schedule C appended to the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005), the Government of Maharashtra hereby, with effect from the 1st April 2010, specifies the following goods, more particularly described in the SCHEDULE appended hereto, to be fabrics, for the purposes of the said sub-entry, namely

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