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Archive: 09 December 2010

Posts in 09 December 2010

Mumbai ITAT rules on deductibility of business expenditure incurred for the purpose of business

December 9, 2010 2347 Views 0 comment Print

On the issue of deductibility of certain business expenditure incurred by the Taxpayer, under the provisions of the Indian Tax Laws (ITL), The ITAT allowed the deduction of the expenditure which was found to be inextricably linked to and expended for the purpose of the Taxpayer’s business.

AAR rules on taxability of software payments as per India-Netherlands tax treaty

December 9, 2010 1122 Views 0 comment Print

In this Ruling Authority for Advance Rulings decided on taxability of certain computer software payments. Having regard to the facts of the case, the AAR distinguished between transfer of ‘rights in copyrighted software’ and transfer of a ‘copyrighted software’ and observed that mere transfer of computer software de-hors any copyright associated with it, would not amount to royalty. Accordingly, the payments were held not to be in the nature of royalty nor fees for technical services (FTS) under the India-Netherlands tax treaty (Treaty). In view of the fact that the Applicant does not have a permanent establishment (PE) in India, it will not be taxable in India.

Landmark SC decision defining ‘inputs’ in Maruti Suzuki case doubted; issue referred to Larger Bench of SC

December 9, 2010 5458 Views 0 comment Print

After the Maruti Suzuki decision of the Supreme Court, the scope of the term “input” to determine eligibility to CENVAT Credit, appeared to have been narrowed down. Recently the Supreme Court in the case of Ramala Sahkari Chini Mills Ltd., UP v. CCE, Meerut-1 on the issue of admissibility of CENVAT Credit of duty paid on welding electrodes used in maintenance of machines decided that the ratio in Maruti Suzuki in relation to the interpretation of the definition of ‘input’ required reconsideration and directed that the issue be placed before the larger bench of the Supreme Court.

Service Tax- Electricity meter installed in consumers’ premises and hire charges collected – whether covered under exemption for transmission and distribution of electricity

December 9, 2010 2775 Views 1 comment Print

A doubt has been raised whether renting of electricity meter by a service provider rendering the service of transmission or distribution of electricity, is covered by the exemption available under Notification No. 11/2010-ST dated 27.02.2010 and/ or 32/2010-ST dated 22.06.2010

SEBI prohibits 7 companies from accessing securities market

December 9, 2010 321 Views 0 comment Print

Market regulator SEBI today restrained six Gujarat-based companies and one entity from Maharashtra from dealing in securities market after they failed to redress investors’ grievances. These companies are — Ishwar Medical Services, Neon Resins and I

Hike in tax exemption limit of allowance paid to Operational level employees of transport systems

December 9, 2010 5887 Views 0 comment Print

The Finance Ministry has raised the tax exemption ceiling on the allowance paid to Operational level employees of transport systems including railways and domestic airlines for meeting their personal expenses during the duty performed in running the transport system from one place to another in India.

IT Department is conducting Investigations of IPL Irregularities

December 9, 2010 330 Views 0 comment Print

The Income Tax Department is conducting investigations in the case of BCCI-IPL and the franchisees to ascertain the source of investments by the teams, taxability of the income earned, taxability of the award of media rights and to detect violation

Ministry of Corporate Affairs to Organize India Corporate Week 2010

December 9, 2010 399 Views 0 comment Print

The first ever India Corporate Week was held last December and graced by the President of India involving 124programmes on the theme of Corporate Sector and Inclusive Growth. During this week, the Ministry of Corporate Affairs had released Voluntary

Specimen Signature card for ICWAI members

December 9, 2010 1980 Views 0 comment Print

Members of the ICWAI are requested to provide their specimen signature in the following format and send the same so as to reach The Secretary, The Institute of Cost and Works Accountants of India, 12, Sudder Street, Kolkata – 700 016 on or before by

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