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Archive: 26 August 2010

Posts in 26 August 2010

GST unlikely to be implemented from scheduled date of April 1, 2011

August 26, 2010 877 Views 0 comment Print

The much awaited new indirect tax regime Goods and Service Tax (GST) is unlikely to be implemented from the scheduled date of April 1, 2011, a top government official said on Tuesday. “In all probability it (the introduction of GST) will miss the deadline,” Revenue Secretary Sunil Mitra said.

Dy. Director of Income Tax (International Taxation) Vs. M/s Avaya Global Connect Ltd., (ITAT Mumbai)

August 26, 2010 876 Views 0 comment Print

Payment made to Avaya International Sales Ltd., Ireland (ASIL) in respect of activation charges is a payment for buying a standard product/software. The payment made to ASIL can neither be said to be as ‘Royalty’ nor is covered under the provisions of ‘Fees for Technical Services’. The assessee is not liable to deduct tax at source on the payment made to ASIL as the income of ASIL is not liable to tax in India for the above payment.

Direct Taxes Code Bill likely to be introduced in the ongoing monsoon session

August 26, 2010 619 Views 0 comment Print

The much awaited Direct Taxes Code Bill is likely to be introduced in the ongoing monsoon session of Parliament itself, the Revenue Secretary, Mr Sunil Mitra, has indicated. “We do expect the DTC to be introduced in Parliament in this session. This is what the Finance Minister has promised in public forum and we intend to do our best to make it happen,” Mr Mitra told reporters on the sidelines of a CII event here.

If shareholders approves Cairn deal, I don't come in, says Khurshid

August 26, 2010 970 Views 0 comment Print

The Union corporate affairs ministry said it had no problem with global mining major Vedanta Resources’ acquisition of Cairn India if the deal got shareholder approval from both sides. Responding to a media query on the sidelines of a conference here today, minister Salman Khurshid said his people had no role if the deals get shareholder nod. “If shareholders have a problem, they can approach the High Court, Company Law Board or the ministry,” he said.

SEBI can take action against CAs, if their activities are detrimental to the investors or the securities market

August 26, 2010 826 Views 0 comment Print

The SEBI Act (Section 11) has wide amplitude and empowers the regulator SEBI to take within its sweep a CA, if his activities are detrimental to the investors or the securities market, the Bombay High Court observed in its order on the Price Waterhouse vs SEBI case.

IRDA asks insurance companies to no to do business with corporate agents who failed to register PAN with it

August 26, 2010 1053 Views 0 comment Print

The Insurance Regulatory and Development Authority (IRDA) told insurance companies to abstain form doing business with 884 corporate agents who had not registered their PAN (permanent account number) with the agency licensing web portal.

IRDA has no plans to cap charges and assures on approving new ULIPS on time

August 26, 2010 520 Views 0 comment Print

The regulator, IRDA has no plans to cap charges on traditional products and also assures on approving new ULIPS on time. The Insurance Regulatory and Development Authority (IRDA) has said it has no plans to cap the charges levied by life insurance companies on traditional products. The regulator also assured it would approve new unit-linked insurance plans (Ulips) on time so that insurers could sell them from September 1 onwards.

Recognised Provident Fund : 8.5 percent rate notified under rule 6(b) of Part A of IVth Schedule to the Income-tax Act, 1961

August 26, 2010 3001 Views 0 comment Print

Notification No. 69/2010-Income Tax In exercise of the powers conferred by clause (b) of rule 6 of Part A of the Fourth Schedule to the Income-tax Act, 1961 (43 of 1961), and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) number S.O. 484(E), dated the 30th May, 2001, the Central Government hereby fixes, with effect from the 1st day of September, 2010, 8.5 per cent., as the rate referred to in the said clause.

Govt rejects 70% income tax refunds for reason not in control of taxpayers

August 26, 2010 618 Views 0 comment Print

This is the time of the year when tax payers look forward to getting refunds from the IT Department if eligible. But for roughly seven out of 10 cases, income tax refunds have remained elusive for no fault of the tax payers. The income tax department maintains that it is also not at fault. According to senior taxmen, they reject an overwhelmingly large number of eligible cases every year for what they call the incidence of missing entries.

Service tax on on-going works contracts entered into prior to 01.06.2007- Circular No. 128/10/2010-ST

August 26, 2010 1305 Views 0 comment Print

The matter has been examined. As regards the classification, with effect from 01.06.2007 when the new service ‘Works Contract’ service was made effective, classification of aforesaid services would undergo a change in case of long term contracts even though part of the service was classified under the respective taxable service prior to 01.06.2007. This is because ‘works contract’ describes the nature of the activity more specifically and, therefore, as per the provisions of section 65A of the Finance Act, 1994, it would be the appropriate classification for the part of the service provided after that date.

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