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Archive: August, 2010

Posts in August, 2010

Co-operative society eligible for deduction u/s 80P(2)(a)(i) on Interest Income from banks

August 19, 2010 3393 Views 0 comment Print

The salient features of the impugned case have already been noted by us namely, that the assessee is a Co-operative Society, set up by the Government of Punjab registered under the Punjab Co-operative Societies Act, 1961. The Assessing Officer has duly noted that its primary business is to grant loans to members in Urban and Rurah Co-operative Housing Societies of the State of Punjab for construction of houses and Housing Complexes. The assessee has been ea

Payment made by AAI to Raytheon company (RC) for supply of software for `Automation upgrade for third runaway at IGI Airport’ can be legitimately brought within fold of Article 12(4)(b), if not article 12(3) of Indo-US Tax Treaty

August 19, 2010 888 Views 0 comment Print

he applicant (hereafter referred to as `AAI’) which is a Public Sector Undertaking set up under the Airport Authority of India Act has entered into a contract dated 11/12/2007 for “Automation Upgrade for third runway at IGI Airport, New Delhi” with Raytheon Company USA, (hereafter referred to as `Raytheon’). The contract involves Raytheon supplying h

Indo-US Treaty: Consideration received by American company from applicant-Indian company for providing Architectural design services is liable to be taxed in India as fees for included services’

August 19, 2010 1993 Views 0 comment Print

Whether the compensation payable to Hellmuth, Obata + Kassabaum L.P., USA under clause VA of the Agreement dated October 15, 2008 can be disintegrated in three parts; viz., (a) for development and sale of designs (b) consultancy for construction documents, and, (c) for `Construction administration’ and `additional services’?

Reopening of an assessment on mere change of opinion without any tangible material is unsustainable

August 19, 2010 675 Views 0 comment Print

We are conscious of the circumstance that in the present case the re-opening of assessment is sought to be effected within a period of four years of the expiry of the relevant assessment year. However, it is now a well settled position of law that a mere change of opinion would not justify the Assessing Officer in seeking a recourse to the powers under Section 1

A special provision in the I-T Act cannot be pressed into service to deny the benefit which is otherwise due to FII under the tax treaty provisions notwithstanding their conflict with the domestic law of income tax

August 19, 2010 738 Views 0 comment Print

Whether the profits/losses from futures and options contracts (derivative transactions) carried out on the Indian Stock exchanges are in the nature of “Business income” in the hands of the applicant under the provisions of the Act read with the Agreement for Avoi

ICAI to seek oversight of audit firms

August 18, 2010 657 Views 0 comment Print

Accounting profession watchdog Institute of Chartered Accountants of India (ICAI) will seek an amendment to the Chartered Accountants Act to expand its regulatory powers to cover audit firms. Currently, the institute has powers to regulate only its members — chartered accountants — but does not have a specific mandate under law to oversee audit firms operating in the country.

SEBI circular on Review of norms for investment and disclosure by Mutual Funds in derivatives

August 18, 2010 1123 Views 0 comment Print

The cumulative gross exposure through equity, debt and derivative positions should not exceed 100% of the net assets of the scheme. Mutual Funds shall not write options or purchase instruments with embedded written options.The total exposure related to option premium paid must not exceed 20% of the net assets of the scheme.

Easy Exit Scheme Affidavits, Board Reolution and Statement of Account in Excel Word Format

August 18, 2010 2838 Views 0 comment Print

1. Download Affidavit (to be given individually by director(s)) (As per annexure A of the Easy Exit Scheme 2010). 2. Download Indemnity bond (to be given individually or collectively by director(s) (As per annexure B of the Easy Exit Scheme 2010)

I-T department claims jurisdiction to levy tax on acquisition of Hutch-Essar by Vodafone

August 18, 2010 648 Views 0 comment Print

The Indian Income Tax department on Monday told the division bench of the Bombay High Court that it has the jurisdiction to levy tax on the $11-billion acquisition of Indian telecom major Hutch-Essar by Vodafone. The division bench has been hearing a petition filed by Vodafone against the Income tax department

Short passwords not secure, Longer passwords are better

August 18, 2010 855 Views 0 comment Print

The availability of password-cracking tools based on increasingly powerful graphics processors means that even carefully chosen short passwords are liable to crack under a brute-force attack. A password of less than seven characters will soon be “hopelessly inadequate” even if it contains symbols as well as alphanumerical characters, according to computer scientists at the Georgia Tech Research Institute. The security researchers recommend passwords at least 12 characters long.

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