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Archive: September, 2010

Posts in September, 2010

Emami settles dispute over 'Zandu Balm' song

September 24, 2010 1149 Views 0 comment Print

Emami Ltd, the owner of Zandu Balm, today said its copryright infringement dispute with the production company of Salman Khan starer ‘Dabangg’ has been amicably settled between the two parties. Subsequently, the company will be using the chartbuster

Banks not in favour of deregulation of interest rate on savings bank accounts

September 24, 2010 441 Views 0 comment Print

Banks are putting up stiff resistance to Reserve Bank of India’s (RBI’s) move to deregulate the interest rate on savings bank accounts — the last bastion of administered rates. Banks benefit from low-cost savings deposits. The central bank wants to free the savings deposit rate to smoothen monetary policy transmission, which it feels is hampered by the current fixed-rate regime.

Parliamentary panel not satisfied with RBI reply on FEMA Violations in IPL series

September 24, 2010 492 Views 0 comment Print

Parliamentary Standing Committee on Finance today lashed out at the Reserve Bank of India (RBI) for “not filing an FIR against the BCCI when it found out that the society has violated several provisions of the Foreign Exchange Management Act (FEMA) i

State governments present modified version of the proposed GST regime

September 24, 2010 550 Views 0 comment Print

With no consensus in sight for a model to implement the goods and services tax (GST), state governments have presented a modified version of the proposed regime that would enable states to enjoy discretionary fiscal powers without requiring Constitu

Approvals for setting up units in SEZs will be done electronically from October'

September 24, 2010 531 Views 0 comment Print

Getting approvals for setting up units in SEZs will be done electronically from next month – a move which will help entrepreneurs reduce transaction costs, a senior Commerce Ministry official said today. “Special Economic Zones (SEZs) online means al

ICAI to Organize Round Table Conference on Commerce & Accountancy Education in India

September 24, 2010 405 Views 0 comment Print

The Institute of Chartered Accountants of India (ICAI), which is one of the Institutes functioning under the aegis of the Ministry of Corporate Affairs, will be organizing a one- day Round Table Conference on the theme ‘Commerce & Accountancy Educati

Income-tax – Assessee cannot claim any credit for TDS on income which is not offered for taxation

September 24, 2010 11721 Views 0 comment Print

By majority opinion, the Tribunal found that the assessee cannot claim any credit for the TDS on the income which is not offered for taxation. The Tribunal further found that the benefit for the TDS is to be allowed as per the provisions of the Income-tax Act u/s. 199.

CENVAT Credit (Fifth Amendment) Rules, 2010

September 24, 2010 1101 Views 0 comment Print

(1) These rules may be called the CENVAT Credit (Fifth Amendment) Rules, 2010. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the CENVAT Credit Rules, 2004, in rule 2, in clause (a), after sub-clause (C), the following sub-clause shall be inserted, namely:- (D) components, spares and accessories of motor vehicles, dumpers or tippers, as the case may be, used to provide taxable services as specified in sub-clauses (B) and (C);”

DEPB sale proceeds cannot be broken down into “profits” and “face value”.

September 24, 2010 903 Views 0 comment Print

CIT Vs. Kalpataru Colours and Chemicals – section 28(iiid) covers only the “profit” (difference between sale consideration and face value of the DEPB credit) and that the “face value” is assessable u/s 28(iiib) is not correct. The entire amount received on transfer of the DEPB credit is “profits” and falls under s. 28(iiid). There was no basis or justification for the Tribunal to hold that the face value of the DEPB credit can be reduced from the sale consideration. It is not permissible to bifurcate the proceeds of the DEPB into “face value” and “excess of face value”. The approach of the Tribunal is misconceived and unsustainable. As the assessee had an export turnover exceeding Rs.10 crores and did not fulfill the conditions set out in the third proviso to s. 80HHC (3), it was not entitled to a deduction u/s 80HHC on the amount received on transfer of DEPB.

Foreign company’s transfer of shares to wholly owned Indian subsidiary not taxable in India

September 24, 2010 1105 Views 0 comment Print

Authority for Advance Rulings (AAR) concluded that gains derived from the transfer of shares by a Mauritius company to its wholly owned subsidiary in India would not be taxable in India under the Indian Income Tax Act (ITA), nor would such gains be subject to the Minimum Alternate Tax (MAT) (Praxair Pacific Limited (A.A.R. No. 855/2009)). The AAR further clarified that benefits under the India-Mauritius tax treaty would be available to the Mauritius Company.

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