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Archive: May, 2010

Posts in May, 2010

Notification No. 39/2010-Income Tax Dated 25/5/2010

May 25, 2010 487 Views 0 comment Print

Notification No. 39/2010-Income Tax It is hereby notified for general information that the organization Bose Institute, Kolkata has been approved by the Central Government for the purpose of clause (ii) of sub-section (1) of section 35 of the Income-tax Act, 1961 (said Act), read with Rules 5C and 5E of the Income-tax Rules, 1962 (said Rules), from Assessment year 2009-2010 onwards in the category of ‘ASSOCIATION’, partly engaged in research activities

Cross-border services- Prior to 18-4-2006 services rendered by a non-resident service provider to a resident recipient could not be taxed as a service at the hands of resident recipient

May 24, 2010 624 Views 0 comment Print

In fact, the Bombay High Court in Indian National Shipowners Association v. Union of India [2009] 19 STT 408 (Bom.) has more than adequately dealt with the entire issue and inter alia concluded that it is only after enactment of section 66A that taxable services received from abroad by a person belonging to India are taxed in the hands of the Indian residents; before enactment of section 66A, there was no such provision in the Act and therefore, the respondents had no authority to levy service tax on the members of the petitioners-association.

Competition Commission of India (Return on Measures for the promotion of Competition Advocacy, Awareness and Training on Competition Issues) (Amendment) Rules, 2010 – Amendment in rule 3

May 24, 2010 487 Views 0 comment Print

Notification No. G.S.R. 445(E)-Income Tax In the Competition Commission of India (Return on Measures for the promotion of competition Advocacy, Awareness and Training on Competition Issues) Rules, 2008, in rule 3, for sub-rule (5), the following sub-rule shall be substituted, namely :-

ICSI Plans to roll out two new courses

May 24, 2010 900 Views 0 comment Print

The Institute of Company Secretaries of India (ICSI) has plans to launch post membership qualification (PQM) courses in competition law as well as corporate restructuring and insolvency in the next six months.

Payments from Indian Hotel Owner for Global Reservation Services is Business Income: AAR

May 24, 2010 1455 Views 0 comment Print

The payments received by the Applicant from the Indian hotel owner for provision of global reservation services (‘GRS’) would be chargeable to tax in India under section 9(1)(i) read with Articles 5 and 7 of the India-Luxembourg DTAA as business income and is attributable to the Applicant’s permanent establishment in India.

You may face Jail if compensation not paid for bounced cheque

May 24, 2010 684 Views 0 comment Print

If a person convicted for issuing a cheque without balance in his bank account is ordered to pay compensation to the payee, he can be sentenced to imprisonment under Section 357(3) of the Criminal Procedure Code, the Supreme Court has held in the case, K A Abbas vs Sabu Joseph. In this case, the court asked the drawer to pay Rs 5 lakh as compensation for issuing a cheque which bounced.

No waiver of pre-deposit condition for sick units

May 24, 2010 531 Views 0 comment Print

The Delhi high court has dismissed the appeal of Swadeshi Cement Ltd against the order of the Debt Recovery Appellate Tribunal asking it to deposit 25 per cent of the dues before moving the court. The creditor, Asset Care Enterprises, had invoked the power under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act against the cement firm.

Award of the sole arbitrator enforceable in India: Delhi HC

May 24, 2010 511 Views 0 comment Print

The Delhi high court last week declared that the award of the sole arbitrator appointed by the International Court of Arbitration in the dispute between Fittydent International GmBH and Brawn Laboratories was enforceable in India. The award was in favour of the foreign firm, which had a licence agreement with the Indian firm for manufacture and sale of denture products.

High courts cannot invent methods to resolve disputes: SC

May 24, 2010 484 Views 0 comment Print

THE Supreme Court has severely criticised the Allahabad High Court for introducing ‘novel’ methods to resolve disputes between a power company and consumers. It upheld the claim of the Uttar Pradesh Power Corporation of dues from Amausi Textile Mills Ltd. The high court had appointed one of its retired judges to settle the dispute between the parties over electricity bills. He filed a report in favour of the company.

Ambani brothers agreed to dump their differences

May 24, 2010 414 Views 0 comment Print

Striking a cordial note, the warring Ambani brothers today agreed to dump their differences and non-compete agreements saying this would eliminate any room for further disputes. Announcing that they would also expeditiously negotiate gas supply agreement in accordance with the Supreme Court order earlier this month, the groups of both Mukesh and Anil vowed to fulfill vision of their father Dhirubhai Ambani, after whose death they separated following (rpt following) an acrimonious fight.

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