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Archive: 31 August 2010

Posts in 31 August 2010

Amendments in Right of Children to Free and compulsory Education (RTE) Act, 2009

August 31, 2010 969 Views 0 comment Print

Consequent upon examination of Representations received from organizations working for the welfare of the children with disabilities and minority institutions, a decision was taken to carry out certain amendments to the Right of Children to Free and compulsory Education (RTE) Act, 2009. Accordingly, the Right of Children to Free and Compulsory Education (Amendment) Bill, 2010 was introduced in the Rajya Sabha on 16th April, 2010 incorporating the following amendments to the RTE Act.

India and Switzerland Sign Double Taxation Avoidance Agreement

August 31, 2010 462 Views 0 comment Print

A protocol amending the existing Double Taxation Avoidance Agreement was signed here today between Republic of India and Swiss Federal Council. The Signing ceremony was held at the Ministry of Finance, North Block, New Delhi. The protocol was signed for the Republic of India by Shri Pranab Mukherjee, Finance Minister while the Swiss Federal Council Foreign Minister, Ms. Micheline Calmy-Rey signed for the other side.

Amends Notification No. 36/2001 – Customs (N.T.), dated, the 3rd August, 2001, CUSTOMS Notification No 78/2010 (NT), 31-08-2010

August 31, 2010 256 Views 0 comment Print

Notification No. 78/2010 – 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, namely: –

Regarding export of sugar against Advance Authorizations issued from 17.2.2009 to 30.9.2009, Customs Circular No 32/2010, 31-08-2010

August 31, 2010 517 Views 0 comment Print

I am directed to refer to Customs notification No.22/2009-Cus. dt.02.03.2009 and DGFT’s notification No.86 (RE-2008/2004-2009) dated 17.2.2009 whereby the actual user condition for import of raw sugar from 17.2.2009 to 30.9.2009 under the Advance Authorization scheme was relaxed and the said imports were allowed on ‘ton-to-ton’ basis instead of ‘grain-to-grain’ basis.

Software is a good: Sale or Service would depend on Individual Transaction

August 31, 2010 294 Views 0 comment Print

The Madras high court last week dismissed the writ petition of Infotech Software Dealers’ Association raising the question whether a software would amount to goods and if so, when it is supplied to a customer pursuant to the End User Licence Agreement (EULA), the transaction is liable to be treated as sale or service. It also raised the constitutional validity of the new provision in the Finance Act 2009,

Voltage stabilisers are electronic goods

August 31, 2010 633 Views 0 comment Print

The Supreme Court has held that voltage stabilisers are electronic items which attracted lesser sales tax. Dismissing a batch of appeals from Uttar Pradesh, Commissioner of Trade Tax vs Parikh Gramodyog Sansthan, the court ruled that stabilisers are not electric goods. A voltage stabiliser might have many components some of which use electricity. That cannot be the sole reason for classifying it as an electrical item, the judgment said.

Demand for electricity bill arrears cannot be raised again

August 31, 2010 402 Views 0 comment Print

The demand for electricity bill arrears cannot be raised once again against the buyer of an industrial unit which had cleared the dues, the Supreme Court ruled in the appeal case, Haryana State Electricity Board vs Hanuman Rice Mills. Hanuman mills had bought the Durga Rice Mills and had cleared the electricity bills due to the board.

Court cannot order payment of interest against the contract

August 31, 2010 375 Views 0 comment Print

If an arbitration agreement says that no interest would be payable for an award amount from the date when the cause of action arose and the date of the award, the court cannot order a party to pay interest, the Supreme Court clarified in the case, Sree Kamatchi Amman Constructions vs Divisional Railway Manager. In this case, the contract stated that no interest would be payable on amounts payable to the contractor.

Tax evader cannot revise application for settlement

August 31, 2010 342 Views 0 comment Print

The Supreme Court has declared that an application for settlement of an income tax case cannot be revised and the settlement commission has to go by the original application and annexure filed in the prescribed form. Revision of annexure tantamount to revision of application and cannot be allowed under the scheme of settlement in Chapter XIX-A of the Income Tax Act,

Banks can accept IEC (Importer Exporter Code) issued to the proprietary concern as an identity document for opening of bank account

August 31, 2010 448 Views 0 comment Print

In this connection, it is clarified that in addition to the documents listed in paragraph 2(i) of our circular referred to above for opening a bank account in the name of a proprietary concern, banks may also accept any registration/licensing document issued in the name of the proprietary concern by the Central Government or State Government Authority/Department. Banks may also accept IEC (Importer Exporter Code) issued to the proprietary concern by the office of DGFT as an identity document for opening of bank account.

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