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Archive: 10 May 2010

Posts in 10 May 2010

Proposed amendments to the Finance Bill, 2010

May 10, 2010 348 Views 0 comment Print

The Finance Bill, 2010 (the Bill) was presented by the Finance Minister (FM) before the Lok Sabha ( The lower house of Parliament of India ) with certain amendments. This Flash News gives a snapshot of the key amendments to the Bill as passed by the Lok Sabha. The Bill including these amendments will become law only after they are passed by the Rajya Sabha (The upper house of Parliament of India ) and thereafter receive the assent of the President of India.

Central Excise circular 921/10- Leviability of Education Cess and Higher Education Cess on the Stainless Steel Patta Patti or Aluminium Circles units working under compound levy scheme

May 10, 2010 1208 Views 0 comment Print

References have been received from field formations on the issue of levy of Education Cess and higher Education Cess on the Central Excise duty determined under Notification No. 17/2007-CE dated 1-3-2007 under compound levy scheme on S.S. Patta/Patti and Aluminium Circles.

How controversial/litigating can an inclusive definition be?

May 10, 2010 2109 Views 0 comment Print

It was realised that defining goods (and even artificially) would solve problems. It did. But now the trend has become too often to give artificial definition by incorporating deeming clause through the word ‘includes’. The concept of ‘manufacture’ which is fundamental in central excise is inclusive. Section 2(f) of the Excise Act says manufacture includes any process, – (i), (ii), (iii). In Chapter 39 for plastics in the sub-heading note-2 plasticiser includes secondary plasticiser. There are umpteen such inclusive definitions in excise.

Rights of nominee override the rights of heirs

May 10, 2010 3830 Views 0 comment Print

The law on nomination of shares held in companies has taken a new meaning with perhaps the first interpretation of the provisions governing nomination in the Companies Act, 1956 by the Bombay high court. Interpreting Section 109A of the Companies Act, the court has ruled that the rights of a nominee to shares of a company would override the rights of heirs to whom property may be bequeathed.

Excess ITC can be utilised for payment of 25% of additional demand u/s 62(5) of PVAT Act 2005

May 10, 2010 955 Views 0 comment Print

Thus if a person wants to file an appeal under Punjab VAT Act 2005 for which he is required to deposit 25% of additional demand u/s 62(5) as a pre condition for hearing of appeal, he can adjust such 25% of demand from the excess ITC if available and produce a certificate to that effect from the ETO cum Designated officer before the appellant authority to satisfy the conditions of section 62(5) of PVAT Act 2005.

Maharashtra Tax Laws (Levy and Amendment) Act, 2010

May 10, 2010 1874 Views 0 comment Print

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Tax Laws (Levy and Amendment) Act, 2010 (Mah. Act No. XII of 2010), is hereby published under the authority of the Governor.

VAT Trade Cir – 16T of 2010 – Extension of Date for Physical Submission of Acknowledgement of Audit Report in Form 704 for the dealers

May 10, 2010 892 Views 0 comment Print

As per Trade Circular 13T of 2010 No. dated 31st March 2010 Last date for filing the Audit Report in form 704 for F.Y. 2008-09 was 30th April 2010.Dealers are required to submit “the statement of submission of audit report in form e-704” along with required document on or before 10th May 2010.

NC Notification No. 27/2010-Income Tax Dated 10/5/2010

May 10, 2010 991 Views 0 comment Print

NC Notification No. 27/2010-Income Tax In exercise of the powers conferred by sub-section (1) read with clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961 (43 of 1961), the Central Government, on the recommendations of the National Committee for Promotion of Social and Economic Welfare,

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