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Archive: October, 2010

Posts in October, 2010

Tax effect of Indirect sale distribution channels

October 1, 2010 786 Views 0 comment Print

According to Income-tax Act, 1961 “the Act” companies need to withhold tax under section 194H on amount of commission paid to its distributors/ agents or anyone else. Generally the companies selling goods through agents sell its product to agents at price less than market price, Now here arise the point of legal action, whether difference between the retail price (at which product is sold to end user) and the price at which product is transferred to agents is “discount” or “commission”. Income-tax authorities consider it to be commission to try cover such transactions under the ambit of section 194H and on the other hand companies consider it to be a discount. In recent times there flowed numerous judgements from various forums dealing on this issue, some against and some in favour of the assessee.

Odds of Interpretation- Human intervention required for taxing a payment as ‘fees for technical services’

October 1, 2010 642 Views 0 comment Print

Telecom industry in India is suffering from the tussle between the odds of two interpretations. In recent time’s payments for various types of technology-related transactions has been a subject matter of disagreement between taxpayer and income tax d

CVC Disposed of 1298 Cases in August 2010 Major Penalty Proceedings Recommended Against 101 Officers

October 1, 2010 318 Views 0 comment Print

The Central Vigilance Commission disposed of 1298 cases during August 2010 referred to it for advice. Of these, 920 complaints were sent for necessary action/ATR whereas 37 complaints were sent for investigation and report. No action was required on

Updation of all Instructions and Clarifications Relating to FDI Policy

October 1, 2010 442 Views 0 comment Print

It has been clarified that the term “Original investment” means the entire amount brought in as FDI. It has further been clarified that the lock-in-period of three years will be applied from the date of receipt of each installment/tranche of FDI or from the date of completion of minimum capitalization, whichever is later. This was necessary as a number of queries had been received in regard to the coverage of these terms.

Rescinds Notification No. 59/2010-Customs, dated the 10th May, 2010, CUSTOMS Notification No 107/2010, 01-10-2010

October 1, 2010 432 Views 0 comment Print

G.S.R. (E). – In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) the Central Government, being satisfied th

Rescinds Notification No. 44/2010-Customs, dated the 9th April, 2010, CUSTOMS Notification No 106/2010, 01-10-2010

October 1, 2010 301 Views 0 comment Print

G.S.R. (E). – In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) the Central Government, being satisfied that it is necessary in the public interest so to do, hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 44/2010-Customs, dated the 9th April,2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.308 (E), dated the 9th April,2010, except as respect things done or omitted to be done befor

Amends Notification No 100/89-Customs, dated the 1st March, 1989, CUSTOMS Notification No 105/2010, 01-10-2010

October 1, 2010 541 Views 0 comment Print

G.S.R. (E). – In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No 100/89-Customs, dated the 1st March, 1989, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) dated the 1st March, 1989 vide number G.S.R.315 (E), dated the 1st March, 1989, namely:- In the said notification, in the TABLE, af

Exempts specified goods when imported into India from Nepal, from the whole of customs duty subject to certain conditions

October 1, 2010 1498 Views 0 comment Print

G.S.R. (E) – In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 94/2010 –Customs dated the 15th September, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 761 (E) dated the 15th September, 2010, except as respects things done or omitted to be done before such supersession, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts goods specified in column (2) of the Table below, when imported

Amends Notification No.153/2009-Customs, dated the 31st December, 2009

October 1, 2010 3522 Views 0 comment Print

G.S.R. 716 (E).- In exercise of the powers conferred by sub­section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 153/2009-Customs, dated the 31st December, 2009 which was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub­section (i) vide number G.S.R. 944 (E), dated the 31st December, 2009, n

Amends Notification No. 21/2002-Customs, dated the 1st March, 2002, CUSTOMS Notification No 102/2010, 01-10-2010

October 1, 2010 445 Views 0 comment Print

G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest 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. 21/2002-Customs, dated the 1st March, 2002 which was

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