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Archive: August, 2010

Posts in August, 2010

SC says rational and sobber Criticism of judiciary in national interest

August 10, 2010 5772 Views 0 comment Print

The Supreme Court has taken a sagacious view of the criticism of judges while dismissing a contempt of court case against Union Minister Kapil Sibal. In fact, it encourages “fair and reasonable” criticism of judgments as judges are not “infallible”. What provoked the petition was a message the minister had written for a souvenir brought out by a group of lawyers of the Punjab and Haryana High Court in 1995.

Is It Possible to Lay A Hard and Fast Rule on Powers of CLB U/s. 397/398 of Companies Act, 1956?

August 10, 2010 1777 Views 0 comment Print

It is known to the corporate professionals that there are so many complications in getting the disputes resolved among shareholders in the Company. The disputes among the shareholders or the groups tend to come in closely held companies as the largely held Public Limited Companies should follow SEBI (DIP) regulations while allotting shares and as SEBI and the Stock Exchange monitors various issues in respect of Listed Public Companies.

Cabinet approves bill to protect whistleblowers

August 10, 2010 771 Views 0 comment Print

A proposed legislation to protect whistleblowers and provide for severe punishment to those exposing the identity of people disclosing information was approved by the Government today. The Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, 2010 provides the Central Vigilance Commission powers of a civil court to hand down harsh penalty to people revealing the identity of whistleblowers, official sources said.

Customs Notification No 81/2010, 10-08-2010, regarding amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue)

August 10, 2010 691 Views 0 comment Print

84 Goods specified against S. No. 270 A of the Table annexed to notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 21/2002-Customs, dated the 1st March, 2002 [G.S.R. 118 (E), dated the 1st March, 2002]

Customs Notification No 80/2010, 10-08-2010, Regarding amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue)

August 10, 2010 853 Views 0 comment Print

The principal notification No.21/2002-Customs, dated the 1st March, 2002, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 118(E), dated the 1st March, 2002 and was last amended by notification No. 69/2010-Customs, dated the 23rd June, 2010, [G.S.R. 552(E), dated the 23rd June, 2010.

Buyback/Prepayment of Foreign Currency Convertible Bonds (FCCBs)

August 9, 2010 1240 Views 0 comment Print

Attention of Authorised Dealer Category – I (AD Category – I) banks is invited to the A.P. (DIR Series) Circular No. 44 dated March 29, 2010 in terms of which Indian companies were allowed to buyback their Foreign Currency Convertible Bonds (FCCBs) under the approval route, up to June 30, 2010, subject to the issuers complying with all the terms and conditions of buyback/ prepayment of FCCBs.

Transfer of shares by a foreign company to its wholly owned Indian subsidiary not taxable in India

August 9, 2010 1961 Views 0 comment Print

Praxair Pacific Limited (PPL ), a company incorporated in Mauritius, proposes to transfer its 74% equity stake in Jindal Praxair Oxygen Company Private Limited (JPOCPL) to its wholly owned subsidiary in India, Praxair India Private Limited (Praxair India). The consideration for the proposed transfer is stated to be determined on the basis of cost, unless a higher consideration is required under the pricing guidelines prescribed by the Reserve Bank of India as applicable for transfer of shares.

Full value of consideration is totally different from the concept of Fair market value

August 9, 2010 2780 Views 0 comment Print

Reliance Communications Infrastructure Ltd. (“RCom”) transferred shares of Reliance Infocomm Ltd. (RIL) worth INR. 50 crores at face value (INR.1) to one of the promoters (market value of shares being INR. 53.7).As per the promoter, the shares were not transferred but were pledged against a loan of INR 50 crores advanced to RCom.

Highlights of Supreme Court decision on NCLT issue

August 9, 2010 1308 Views 0 comment Print

The National Company Law Tribunal (NCLT) was expected to take over the role of the High Court (in dealing with company law matters such as sanctioning of schemes of arrangement, ordering winding up of companies, dealing with petitions for oppression and mismanagement and the like), the Company Law Board (CLB) and the Board of Industrial and Financial Reconstruction (BIFR) for speedy disposal of aforesaid matters and avoid multiplicity of litigation before various fora.

Establishment of Branch Offices (BO)/Liaison Offices (LO) in India by Foreign Entities – Delegation of Powers

August 9, 2010 724 Views 0 comment Print

Attention of Authorised Dealer Category – I banks is invited to paragraph 5 (i) of A.P. (DIR Series) Circular No.24 dated December 30, 2009 wherein it was stipulated that the Annual Activity Certificates (AACs) as at the end of March 31, shall be submitted by the Branch Office / Liaison Office (BO/ LO), on or before April 30 every year, to the designated AD Category-I bank and a copy to the Directorate General of Income Tax (International Taxation), New Delhi.

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