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Archive: 12 October 2010

Posts in 12 October 2010

SEBI : (Employees Service) (Second Amendment) Regulations, 2010

October 12, 2010 475 Views 0 comment Print

In exercise of the powers conferred by section 30 of the Securities and Exchange’ Board of India Act, 1992 (15 of 1992), the Board hereby makes the following Regulations to further amend the Securities and Exchange Board of India (Employees’ Service) Regulations, 2001, namely

State FMs to discuss continuation of GST council on October 30

October 12, 2010 376 Views 0 comment Print

The empowered group of state finance ministers will discuss the constitution of goods and services tax (GST) Council and dispute settlement mechanism at its meeting on October 30. Earlier, Finance Minister Pranab Mukherjee had said the proposed GST C

Provisions of Minimum Alternate Tax (MAT) do not apply to Banking Companies

October 12, 2010 2651 Views 0 comment Print

Recently in the case of Krung Thai Bank PCL v. Jt Director of Income-tax – International Taxation (ITA No. 3390/Mum/2009) (Mum), the Mumbai bench of the Income-tax Appellate Tribunal (the Tribunal) held that the provisions of Section 11 5JB of the Income-tax Act, 1961 (the Act) pertaining to Minimum Alternate Tax (MAT) would come into play only when the tax payer is required to prepare its profit and loss account in accordance with the provisions of Part II and III of Schedule VI of the Companies Act. Further, since banking companies are not required to prepare their financial statements as per Schedule VI to the Companies Act in view of the exemption set out under proviso to Section 211 (2) of the Companies Act, the tribunal held that the provisions of Section 11 5JB of the Act cannot be applied to a banking company.

SC directs TPO to conclude the assessment uninfluenced by the Delhi High Court judgment

October 12, 2010 375 Views 0 comment Print

The Hon’ble Supreme Court (Supreme Court), on 1st October 2010, in the case of Maruti Suzuki India Ltd. has directed the Transfer Pricing Officer (TPO) to complete the transfer pricing assessment proceedings without being influenced by the judgment passed by the Delhi High Court. The Delhi High Court had clarified crucial transfer pricing dimensions related to marketing intangibles and provided guidance for ascertaining the arm’s length price under the provisions of Section 92 of the Income Tax Act, 1961 (the Act)

Certified Facilitation Centres under ACES Project of the CBEC

October 12, 2010 906 Views 2 comments Print

Chartered Accountants in practice for one year or more may set up a Certified Facilitation Centre (CFC) for providing facilities to central excise and service tax assessees to file returns and other documents electronically under Automation of Central Excise and Service Tax (ACES) Project of the CBEC.

Why DTC is negative for Life Insurance Companies and Policyholders

October 12, 2010 958 Views 0 comment Print

Presently, deductions under Section 80C are available, up to ‘1 lakh, for various investment instruments including premium paid for life insurance, provident fund, etc. Under the DTC, only sums paid to towards a contract for an annuity plan of any in

Government announces new service tax payment scheme for lottery ticket distributors

October 12, 2010 633 Views 0 comment Print

The Finance Ministry has come up with an optional composition scheme for service tax payment on promotion or marketing of lotteries. Budget 2010-11 had introduced service tax levy on the services of promoting, marketing, or organising of games of cha

Can’t evict those against redevelopment without fulfilling the terms of the development agreement- Bombay HC

October 12, 2010 1682 Views 0 comment Print

Ruling in favour of a minority group of members opposing redevelopment of their housing society, the Bombay High Court, on Thursday, held that the developer could not seek their eviction without fulfilling the terms of the development agreement. Just

Individuals engaged in mining business emerges as country’s top taxpayers

October 12, 2010 399 Views 0 comment Print

Individuals engaged in the mining business have emerged the country’s top taxpayers along with film stars, professionals, top-notch CEOs and promoters of large corporations. These individuals, most of whom are prominent politicians or having direct l

RBI mulls new ECB rules for escrow account mechanism

October 12, 2010 729 Views 0 comment Print

THE banking regulator has questioned deals that foreign investors often strike with Indian companies to protect their money. Foreign strategic investors regularly enter into an arrangement where local firms and promoters keep aside some assets that c

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