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Archive: 31 May 2010

Posts in 31 May 2010

Notification under regulation 3 of SEBI (Certification of Associated Persons in the Securities Markets) Regulations, 2007

May 31, 2010 420 Views 0 comment Print

In terms of sub-regulation (1) of regulation 3 of the Securities and Exchange Board of India (Certification of Associated Persons in the Securities Markets) Regulations, 2007 (the Regulations), the Board is empowered to require, by notification, any category of associated persons as defined in the Regulations to obtain requisite certification.

Corrigendum to Public Notice No. 64/2009-14 dated 18th May, 2010

May 31, 2010 337 Views 0 comment Print

In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14 and Paragraph 1.1 of Handbook of Procedures (Vol.1), the Director General of Foreign Trade hereby makes the following correction to Public Notice No. 64/2009-14 dated 18th May, 2010 related to grant of Free Sale and Commerce Certificate.

Section 4 of the Securities Contracts (Regulation) Act, 1956 – Grant of recognition to Stock Exchanges – Renewal of recognition to U.P. Stock Exchange Limited, Kanpur

May 31, 2010 922 Views 0 comment Print

Notification No. LAD-NRO/GN/2010-11/11/6769, dated 31-5-2010 – The Securities and Exchange Board of India, having considered the application for renewal of recognition made under Section 3 of the Securities Contracts (Regulation) Act, 1956 by U.P. Stock Exchange Limited having its registered office at Padam Towers, 14/113, Civil Lines, Kanpur-208001 and being satisfied that it would be in the interest of the trade and also in the public interest so to do

Income Tax Department started scrutiny of assets and expenditure details furnished to Election Commission

May 31, 2010 931 Views 0 comment Print

The Income Tax Department has started scrutiny of the assets and expenditure details furnished to the Election Commission by the candidates and MPs who fought Lok Sabha polls last year. The Election Commission (EC) has recently informed the department to take “appropriate action” with regard to the financial details furnished by the candidates after it finished uploading the affidavits from all the states and Union Territories (UTs) on its official website.

Service Tax – Commissioner (Appeals) has powers to remand

May 31, 2010 1152 Views 0 comment Print

BACHA MOTORS (P) LTD Vs CST, AHMEDABAD (CESTAT Ahemdabad)- It was also submitted that in several decisions of the Tribunal, reliance was placed on the decision of Hon’ble Supreme Court in the case of M/s MIL India Ltd. 2007 (210) ELT 188 (S.C.) = (2007-TIOL-30-SC-CX) to support the view that the Commissioner has no power to remand. After considering all these decisions, I find that in the case of M/s MIL India, the main issue before Hon’ble Supreme Court was entirely different and hence it was only observation during the course of discussion of the issue wherein Hon’ble Supreme Court mentioned about the amendment of the Section.

DTC may not override India’s tax treaties with other countries

May 31, 2010 304 Views 0 comment Print

The finance ministry may drop a provision in the draft direct taxes code that allows local tax laws to override India’s tax treaties with other countries, as it looks to avoid uncertainties over existing bilateral tax arrangements. The finance ministry has formed a special task force within the Central Board of Direct Taxes to rework the draft, which is expected to be made public next month.

Budget 2010- Provisions regarding issuance of Certificate for TDS/TCS by the deductor/collector (Section 203 & Section 206C)

May 31, 2010 363 Views 0 comment Print

The existing provisions contained in subsection 3 of Section 203 states that there is no requirement to issue a certificate by the deductor to the deductee if TDS has been deducted and paid as per the provisions of chapter XVII B. Similarly the first proviso to subsection 5 of Section 206C of the Act prescribes that there is no requirement of TCS certificate to be issued in case the tax has been collected and paid as per Section 206C.

Analysis of Budget Amendment related to disallowance of expenses for late payment of TDS- Section 40(a)(ia)

May 31, 2010 709 Views 0 comment Print

As per existing provision, in case of TDS deducted as per Chapter XVII-B but the payment of the same not deposited with the Government within due date of section 139(1) for the last month of the previous year and within the last day of the financial year for the first eleven months, results in the disallowance of such expenses, the same not being an amount deductible as an expense.

Post Budget taxability of Gifts and of Transactions without consideration or inadequate consideration

May 31, 2010 573 Views 0 comment Print

The Gift tax was abolished with effect from October 01,1998. Thereafter, the practice of bogus foreign gifts itself had started with Government offering immunity for such gifts as part of disclosure scheme, but then the practice continues even after the amnesty period had expired. Unaccounted income found its way in many ways as in acquisition of immovable property, new constructions pretended borrowings and unreal gifts.

Assessments under Punjab Vat Act 2005

May 31, 2010 12735 Views 0 comment Print

Assessment under the Punjab VAT Act 2005 is made u/s 29. The assessment under Punjab VAT Act is made after the filing of the VAT 20 i.e. annual return except in the case of Provisional Assessment. The assessment of Tax under section 29 of Punjab VAT Act 2005 can be done by two ways which can be discussed as follows:

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