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Archive: 27 July 2010

Posts in 27 July 2010

Takeover Regulations — Proposed Makeover

July 27, 2010 318 Views 0 comment Print

The Takeover Advisory Committee has proposed to replace the Securities Exchange Board of India (“SEBI”) (Substantial acquisition of shares and takeovers) Regulations, 1997 (“Takeover Code”) in line with international standards and changing economic environment. The Committee constituted vide SEBI order dated 4 September, 2009, under the Chairmanship of Shri C. Achuthan (former Presiding Officer of Securities Appellate Tribunal) has comprehensively re-written the Takeover Code and submitted a report to SEBI.

Arbitration and Conciliation Act applies to non-commercial disputes also

July 27, 2010 1233 Views 0 comment Print

The Supreme Court has stated that the Arbitration and Conciliation Act would apply to all civil disputes, and not merely to commercial disputes. It set aside the view of the Karnataka high court in the case, H Srinivas Pai vs H V Pai, in which the high court remarked that the law will apply only to “commercial agreement matters and international commercial matters.”

Default u/s 194C does not result in s. 40(a)(ia) disallowance if TDS paid before due date of filing ROI

July 27, 2010 1730 Views 0 comment Print

The assessee made payments to sub-contractors during the previous year and though s. 194C requires TDS at the stage of payment/credit, did not do so. The tax was, however, deducted on 31st March and paid over in Sept before the due date for filing the return. The AO took the view that while the payment made to the sub-contractor for March was allowable, the payments for the earlier months was disallowable u/s 40(a)(ia).

ICAI Discontinues CA Final Examination under the old syllabus

July 27, 2010 768 Views 0 comment Print

Students are hereby informed that the CA Final (Old) Course shall be discontinued with the holding of the November, 2010 examination. In other words, November, 2010 examination will be the last attempt available to Final (Old) students and no further extension shall be granted under any circumstances. Final (Old) syllabus students shall have to mandatorily switch over to the Final (New) syllabus after November, 2010 examination.

Kapil Sibal unveils prototype for $35 touch-screen computer

July 27, 2010 600 Views 0 comment Print

Here we go again! India’s Human Resource Development Minister Kapil Sibal has “launched” a $35 computer, evidently a “dream project” of his. The touch-screen, Linux-based device looks iPad-inspired, but we know little about how it works.

CAG report suggests Massive tax evasion may upset GST rollout

July 27, 2010 798 Views 0 comment Print

While the government is lobbying hard with Opposition parties to implement Goods and Services Tax (GST) from April next year, a study carried out to assess the current tax base in states and the compliance level could upset its gameplan. The study revealed rampant evasion to the extent of 50% in half of the 23 states where tax audits were carried out.

Loan facilities to the physically/visually challenged by NBFCs

July 27, 2010 739 Views 0 comment Print

NBFCs are therefore advised that there shall be no discrimination in extending products and facilities including loan facilities to the physically / visually challenged applicants on grounds of disability. NBFCs may also advise their branches to render all possible assistance to such persons for availing of the various business facilities.

SEBI mulls separate days for retail and institutional investors

July 27, 2010 630 Views 0 comment Print

As part of efforts to attract more retail investors to the stock market, Sebi is considering a proposal wherein the institutional investors would be first asked to submit their bids, possibly in the first two days, and then the remaining two days would be open only for retail investors, provided the IPO is open for four days.

Mutual Funds resist SEBI proposal of same charges for small, big investors

July 27, 2010 576 Views 0 comment Print

Mutual fund houses are strongly resisting a proposal from market regulator SEBI for treating small investors at par with large institutional ones in terms of various charges, such as exit-loads, with the argument that retail investors are costlier to service.

Bombay High Court Rules Overdraft facility can’t be attached for tax recovery

July 27, 2010 2257 Views 0 comment Print

The taxman does not have claim over the bank overdraft facility of a defaulter since the lender does not owe money, but has promised a loan for business, the Bombay High Court has ruled. By taking an overdraft facility, a taxpayer becomes a debtor to the bank and hence, no authority has the right to attach overdraft facility for recovering tax dues, the court said in an order dated July 8.

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