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Archive: 30 June 2010

Posts in 30 June 2010

Reimbursable expenditure cannot form part of fee payable for technical services under Indo-US DTAA

June 30, 2010 411 Views 0 comment Print

The learned departmental representative submitted that during the course of assessment proceedings, the assessing officer disallowed Rs.8,55,58,000/- towards expenditure claimed as reimbursable. According to learned departmental representative the assessing officer also disallowed a sum of Rs.16,69,069/- under the Article 12 of Double Taxation Avoidance Agreement between Govt. of India and USA. Referring to the agreement between the assessee and National Highway Authority of India , the learned departmental representative pointed out that the agreement has two parts. The first part contains General Clauses and the second part contains Special Clauses. In the agreement, there was no difference between reimbu

CUSTOMS Notification No 52/2010 (NT), Amends Notification No. 36/2001 – Customs (N.T.), dated, the 3rd August, 2001

June 30, 2010 286 Views 0 comment Print

Notification No. 52/2010 – Customs (N.T.)- In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2001-Cus (N. T.), dated, the 3rd August 2001,

CUSTOMS Notification No 51/2010 (NT), Prohibits the import of specified goods intended for sale or use in India, subject to certain conditions and procedures

June 30, 2010 1831 Views 0 comment Print

goods made or produced beyond the limits of India and having applied thereto a design in which copyright exists under the Designs Act, 2000(16 of 2000), in respect of the class to which the goods belong or any fraudulent or obvious imitation of such design except when the application of such design has been made with the licence or written consent of the registered proprietor of the design or where such importation or use is allowed under the Designs Act, 2000(16 of 2000);

Expenditure in the nature of reimbursement cannot fall within the purview of fees for technical services

June 30, 2010 4441 Views 0 comment Print

ACIT v. Louis Berger International Inc. (ITAT Hyderabad) – Referring to article 12(4) of the Double Taxation Avoidance Agreement between Government of India and USA, the learned counsel submitted that any amount other than the amount received as consideration for services rendered cannot form part of fee for technical service. Therefore, the reimbursable expenditure cannot constitute fee paid/payable for the services rendered by the assessee. The learned counsel submitted that the reimbursable expenditure by the Government or its department cannot be treated as income of the assessee.

WORLD MUSIC DAY – Reminder to protect creation, originality & the Copyright Act, 1957

June 30, 2010 444 Views 0 comment Print

21st June is observed as the World Music Day (WMD) to commemorate contribution of music to human life. It coincides with the longest day of the year. Idea of celebrating this day first occurred to American musician Joel Cohen in 1976. Cohen proposed an all-night music jamboree on the summer solstice.

CBI seeks probe into 75 orders passed by ITAT against the Revenue

June 30, 2010 850 Views 0 comment Print

The CBI has asked the revenue department of the finance ministry to conduct an inquiry to determine if orders issued by income tax appellate authorities in 75 cases, where private parties benefited at the expense of the government, were in accordance with law.

BCCI have to pay more than Rs. 500 crore in taxes

June 30, 2010 535 Views 0 comment Print

The Board of Control for Cricket in India (BCCI) may have to stump up more than Rs 500 crore in taxes, with tax authorities not in favour of granting exemption requests sought by the board for the past two tax years. The board, widely regarded as one of the richest sporting bodies on the planet, has claimed exemption of Rs 421 crore and Rs 145 crore for assessment years 2008-09 and 2009-10 , respectively, under Section 11 of the Income-Tax Act.

ICAI Announcement November – 2010 CA Examinations

June 30, 2010 393 Views 0 comment Print

The next Professional Competence Examination (PCE), Integrated Professional Competence Examination (IPCE) and Final Examinations of the Institute will be held from 8th November-2010 to 22nd November-2010 at the following centres :

CUSTOMS Notification No 73/2010, Amends Notification No. 37/2006-CUSTOMS, dated the 20th April, 2006 thereby continuing anti-dumping duty on imports of Pentaerythritol, originating in, or exported from, the People’s Republic of China and Sweden

June 30, 2010 273 Views 0 comment Print

in the matter of continuation of anti-dumping duty on imports of Pentaerythritol, falling under tariff item 2905 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China and Sweden, imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 37/2006-CUSTOMS, dated the 20th April, 2006 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 235(E), dated the 20th April, 2006, and has requested for extension of anti-dumping duty upto 28th March, 2011 in terms of sub-section (5) of section 9A of the said Customs Tariff Act;

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