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Archive: June, 2010

Posts in June, 2010

Credit Flow to Agriculture – Agricultural Loans – Waiver of Margin/Security Requirements

June 18, 2010 802 Views 0 comment Print

On the basis of representations received seeking enhancement of limits, it has been decided that banks may waive margin/security requirements for agricultural loans from the existing level of Rs. 50,000/- to Rs. 1,00,000/- with immediate effect. Para 3 of our above circular, therefore, stands suitably modified.

When assessee is engaged in business of buying and selling shares, profit or loss on such shares would be profit and loss of such business unless assessee establishes that shares in question were bought as a long term investment

June 18, 2010 9966 Views 0 comment Print

In a case where a company is dealing in the sale and purchase of shares, prima-facie the profits derived from the sale and purchase of shares would be treated to be business income of the assessee since the assessee is a trader in shares, that does not mean that a trading firm cannot make long term investment in shares and income from sale of such shares may fall under the head of capital gains but when a trading firm is involved the onus would be heavily on such a firm to show that this investment was actually a long term investment.

R&D expenditure has to be apportioned between agricultural and non-agricultural activities and portion attributable to non-agricultural activities is to be allowed as deduction in computing taxable income

June 18, 2010 906 Views 0 comment Print

The assessee is entitled to deduction on account of R&D expenditure but the same has to be restricted in proportion to the turnover between the agricultural division and the commercial division, and the amount relatable to commercial division can alone be allowed as business expenditure

Fetter on an executing court to not go behind decree is not placed on a Company Judge assessing a creditor’s winding-up petition founded on a decree

June 18, 2010 9630 Views 0 comment Print

There is discretion available to the Company Judge in a creditor’s winding-up petition, both at the time of admission and at the post-advertisement stage; the Company Court may refuse to admit a winding-up petition founded on an ex parte decree if it finds the original claim or cause of action to be substantially mired in doubt.

Customs Notification No 68/2010, Regarding anti dumping duty on imports of specified phosphorous based chemical compounds, originating in or exported from European Union and China PR

June 18, 2010 903 Views 0 comment Print

Whereas the designated authority had initiated anti dumping investigation in the matter of imports of five phosphorous based chemical compounds, namely; (1) Phosphorous trichloride (PCL3), (2) Phosphorous Pentachloride (PCL5), (3) Phosphorous oxychloride (POCL3), (4) Triphenyl phosphite (TPPI), (5) Trimethyl phosphite (TMP), originating in or exported from European Union and China PR, vide notification No. 14/3/2009-DGAD, dated the 13th February, 2009;

Cash Management Bills – Bidding Commitment and Success Ratio

June 17, 2010 547 Views 0 comment Print

Please refer to the Press Release dated August 10, 2009 on issuance of Government of India Cash Management Bills (CMBs), wherein, it has been stated that the Government of India, in consultation with the Reserve Bank of India, has decided to issue a new short-term instrument, known as Cash Management Bills, to meet the temporary cash flow mismatches of the Government. The CMBs will be non-standard, discounted instruments issued for maturities less than 91 days. Further, it has been stated that the CMBs will have the generic character of Treasury Bills.

Customs Notification No 49/2010 (NT), Makes Customs, Central Excise Duties and Service Tax Drawback (Second Amendment) Rules, 2010

June 17, 2010 1093 Views 0 comment Print

the Assistant Commissioner of Central Excise or Assistant Commissioner of Customs and Central Excise or Deputy Commissioner of Central Excise or Deputy Commissioner of Customs and Central Excise, as the case may be, may extend the aforesaid period of three months by a period of three months and that the Commissioner of Central Excise or Commissioner of Customs and Central Excise, as the case may be, may further extend the period by a period of six months;

CBN Circular No. 1, Dated 17-6-2010

June 17, 2010 655 Views 0 comment Print

CBN Circular No. 1 1. Service Providers are made application users of CBN Application Software. Service Providers will access CBN database of Income Tax Department through Personal Computer (PC) installed in their premises and connected to Bharti network. 2. Service Providers will connect CBN Application as application users by running appropriate link in Internet Explorer.

CBN Instruction No. 4, Dated 17-6-2010

June 17, 2010 4863 Views 1 comment Print

CBN Instruction No. 4 Users who have assigned role to access Assessee Information System (AIS) module can now access CBN Application for Permanent Account Number (PAN) query. This facility can be accessed from menu option ‘CBN’ provided in AIS module main menu. They no longer have a need to login CBN server directly for PAN query. However, present facility has not been withdrawn and

Customs Notification No 48/2010 (NT), dated 17th June, 2010

June 17, 2010 1015 Views 0 comment Print

In exercise of the powers conferred by section 74 of the Customs Act, 1962 (52 of 1962), the Central Government hereby makes the following rules further to amend the Re-export of Imported Goods (Drawback of Customs Duties) Rules, 1995, namely: –

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