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Archive: 04 May 2010

Posts in 04 May 2010

Denial of certificate u/s. 195(3) without considering relevant provisions of law and based on considerations which are extraneous to lawful exercise of power is is contrary to statutory provisions

May 4, 2010 798 Views 0 comment Print

The basis on which a certificate has been declined to the Petitioner under Section 195(3) is manifestly misconceived. The impugned order ignores relevant provisions of law, more particularly of Rule 29B, does not take into account the legal implications out of the MOU dated 25 September 2002 between the Government of U.S. and the Government of India and disregards issues which were settled in the past as a result of the Mutual Agreement Procedure between the two governments.

Sebi asks credit rating agencies to disclose their methodologies and fees charged

May 4, 2010 540 Views 0 comment Print

The market regulator Sebi yesterday asked credit rating agencies (CRAs) to disclose their methodologies and fees charged from the companies they rate, a move that will promote greater transparency.

If assessee’s income not exempt u/s. 10 rather same was eligible for deduction u/s. 80P, assessee’s case was not hit by provisions of section 14A

May 4, 2010 888 Views 0 comment Print

ACIT Vs. Kribhco (ITAT Delhi) – Terms ‘exempt income’ and ‘deduction from income’ are two different propositions and, therefore, where assessee’s income was not exempt under section 10 rather same was eligible for deduction under section 80P, assessee’s case was not hit by provisions of section 14A.

Demat Account: Why we must have this?

May 4, 2010 2740 Views 3 comments Print

A demat account is a must for trading in stocks and ETFs. Importantly, it does not attract stamp duty. I In the last decade or so, the stock market has moved towards paperless trading. For investors, who used to burdened with reams of stock certificates, a demat account has become a necessity. Not having a depository or demat account has now become the biggest entry barrier to investing in equities. It is no wonder that more and more entities (commodities futures and spot market) are moving to the dematerialised form of trading.

Taxability of Gift under Income Tax Act, 1961

May 4, 2010 2203 Views 0 comment Print

In the last few years, the ambit of taxation for gifts received by a person has been widened . Now, it covers several non-cash items. This now includes land and buildings, shares and securities, jewellery, drawings, paintings, sculptures and other works of art. Considering the nature of all these items, there is a need to value these items in a specific manner.

Maharashtra Government given "undue benefit of over Rs 20 crore" to Satyam: CAG

May 4, 2010 384 Views 0 comment Print

The Comptroller of Auditor General (CAG) of India has rapped Maharashtra Government for giving “undue benefit of over Rs 20 crore” to controversial Satyam Computer Services Limited by selling land at lower rates in Multimodal International Hub Airport (MIHAN) project at Nagpur.

Rights, Duties, Powers And Accountabilities of Part-Time Directors

May 4, 2010 19550 Views 1 comment Print

A Director includes any person occupying the position of Director, by whatever name called [Sec.2 (13)]. Directors occupy a key position in the management of the company. While they are entrusted with wide powers they are also accountable to the company.

Release of Foreign Exchange for Visits Abroad – Currency Component

May 4, 2010 445 Views 0 comment Print

Attention of Authorised Persons in foreign exchange is invited to A.P.(DIR Series) Circular No. 19 dated October 30, 2000 and A.P. (DIR Series) Circular No.11 [A.P. (F.L. Series) Circular No.1] dated November 13, 2001, in terms of which Authorised Dealers and Full Fledged Money Changers are permitted to sell foreign exchange in the form of foreign currency notes and coins, up to USD 2,000 or its equivalent, to the travellers proceeding to countries other than Iraq, Libya, Islamic Republic of Iran, Russian Federation and other Republics of Commonwealth of Independent States.

FDI in India – Revised Pricing Guidelines for Transfer of Shares by way of Sale

May 4, 2010 1970 Views 0 comment Print

Attention of the Authorised Dealer Category – I (AD Category – I) banks is invited to the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2000, notified vide Notification No. FEMA 20/2000-RB dated May 3, 2000, as amended from time to time.

Investment in unlisted Non-SLR securities by Primary (Urban) Co-operative Banks

May 4, 2010 958 Views 1 comment Print

In this connection, please refer to paragraph 2 (iii) (b) of our Circular UBD.(PCB) BPD.Cir.No. 46/16.20.000/2008-09 dated January 30, 2009 on investments in Non-SLR securities by Primary (Urban) Co-operative Banks (UCBs), in terms of which investments in unlisted securities (subject to the minimum rating prescribed) should not exceed 10 percent of the total Non-SLR investments at any time. Where UCBs have already exceeded the said limit, no further investment in such securities will be permitted.

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