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Archive: 09 November 2010

Posts in 09 November 2010

RBI ask banks to levy reasonable Minimum Balance charges

November 9, 2010 601 Views 0 comment Print

Banks have been told by the Reserve Bank of India (RBI) to be more transparent and levy reasonable penal charges. The central bank is concerned at the rising number of complaints by customers on steep charges by banks if the minimum balance in a savi

Payment of non-compete fees for acquisition of business is capital expenditure

November 9, 2010 2308 Views 0 comment Print

In a recent decision in the case of Tecumseh India Pvt. Ltd. v. ACIT [2010-TIOL-408-ITAT-DEL-SE3], the Special Bench of Delhi Income-tax Appellate Tribunal (the Tribunal) has held that non-compete fees inextricably linked with the acquisition of a business constitute capital expenditure.

RBI Asks Banks to Promote E-Payment Options

November 9, 2010 441 Views 0 comment Print

The Reserve Bank of India, or RBI, has told a bunch of top bank executives to push the use of electronic transactions among customers to trim the serpentine queues in front of teller counters despite lakhs of automated teller machines and net banking

Sec. 92 not applicable to advertisement expense paid by one resident entity for another resident entity

November 9, 2010 417 Views 0 comment Print

In a recent ruling’ , the Delhi Income-tax Appellate Tribunal in the case of McDonald’s (India) Pvt Ltd v. ACIT [ITA No. 3890 (Del) of 2004], has held, on evaluation of available facts, that the old provision of section 92 of the Income-tax Act, 1961 does not apply in case of advertisement expenditure incurred by the resident assessee on behalf of other resident entity.

States demands Exclusion of coal from GST list

November 9, 2010 358 Views 0 comment Print

State finance ministers have asked the Centre to exclude coal from the list of proposed Goods and Services Tax (GST), so as the tax rate does not increase on such an important fuel. Besides, the empowered committee of state finance ministers has also

Soon 7/12 extract will include additional information on whether the plots are under litigation

November 9, 2010 708 Views 0 comment Print

Soon 7/12 extract will include additional information on whether the plots are under litigation Property buyers dreading the antecedents of the land they are planning to buy have reason to rejoice. If the Bombay high court has its way, property recor

Retirement liabilities- Instead of providing in profit and loss account, companies can create separate reserve

November 9, 2010 286 Views 0 comment Print

The country’s apex body on accounting standard has cleared way for a change in the way Indian companies account for their employee’s post-retirement benefits like gratuity. Instead of providing for these in profit and loss account, companies can crea

No requirement to approach Tax Officer for nil withholding certificate u/s. 195(2) where non-resident is not liable to tax

November 9, 2010 673 Views 0 comment Print

No requirement to approach the Tax Officer for nil withholding certificate under section 195(2) where the non-resident is not liable to tax and further no disallowance can be made under section 40(a)(i) of the Income-tax Act, 1961 In a recent decision, the Chennai Bench of the Income-tax Appellate Tribunal in the case of VA Tech Wabag Ltd. v. ACIT [2010-TII-109-ITAT-MAD-INTL] held that in a case where the payment for services was not taxable in India under the provisions of a Double Tax Avoidance Agreement (“the tax treaty”), there was no requirement for applying to the tax officer for a nil withholding certificate under section 195(2) of the Income-tax Act, 1961 (“the Act”). It was also held that as section 195 of the Act was not applicable, the amount paid for services could not be disallowed under section 40(a)(i) of the Act.

Is it correct to say "Once NPA is alwyas NPA" under SARFAESI Act, 2002?

November 9, 2010 5149 Views 0 comment Print

It true that the Banks suffer a lot in recovering the outstanding dues from the borrowers in the absence of special enactment like SARFAESI Act and the object of the enactment is really laudable. It is a procedural change basically to enable the Banks to recover the loans speedily and in my opinion, it is not the intention of the legislature to put the borrower remediless if they are really aggrieved at the action initiated by the Banks under SARFAESI Act, 2002.

SEBI : Facilitating transactions in Mutual Fund schemes through Stock Exchange infrastructure

November 9, 2010 358 Views 0 comment Print

Payment of redemption proceeds to the broker/clearing members by MF/AMC shall discharge MF/AMC of its obligation of payment to individual investor. Similarly, in case of purchase of units.

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