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Archive: December, 2010

Posts in December, 2010

Revenue Secretary & CBDT Chairman summoned for turning “deaf ear” to inefficiencies redressal

December 1, 2010 462 Views 0 comment Print

The department filed an appeal in the High Court and claimed that as the Tribunal’s order was received on a particular date, the appeal was on time. However, the assessee obtained information from the Tribunal under the Right to Information Act and pointed out that the order was served on an earlier date and that the appeal was belated. HELD taking a serious view of the matter and summoning the Revenue Secretary and Chairman CBDT.

Capital requirement of Public Sector Banks

December 1, 2010 408 Views 0 comment Print

The Cabinet today approved to provide an additional amount of Rs. 6000 crore, in addition to the Rs. 15000 crore already provided in the Budget 2010-11, to ensure Tier I CRAR (Capital to Risk Weighted Assets) of all Public Sector Banks (PSBs) at 7% a

Finance Minister Launches New Website of Department of Disinvestment

December 1, 2010 444 Views 0 comment Print

Union Finance Minister, Shri Pranab Mukherjee launched the new website of the Department of Disinvestment (www.divest.nic.in), here today. Launching the revamped website, the Minister said that in the age of information technology and Right to Inform

Delhi ITAT rules on constitution of PE in case of outsourcing of services to an Indian affiliate and on attribution of profits to such a PE

December 1, 2010 1023 Views 0 comment Print

The ITAT held that the relationship of the Taxpayers with their Indian subsidiary to whom the Taxpayers had sub contracted/ assigned provision of software development and call center services, resulted in a permanent establishment (PE) of the Taxpayers in India under the India-USA Double Taxation Avoidance Agreement (DTAA). The ITAT held that a PE was constituted on account of activities of the subsidiary which effectively resulted in the Taxpayers carrying on their business in India. The ITAT, subject to some adjustments, broadly upheld the approach adopted by the Indian Tax Authority of attributing profits to the PE by allocating the global profits based on a proportion of Indian assets to global assets. The ITAT also held that the conclusions reached in a Mutual Agreement Procedure (MAP) for a particular financial year could form the basis for the Tax Authority to reach a conclusion for other years, if there are no differences in facts for the years.

Mumbai ITAT rules overseas taxes not deductible against taxable profits

December 1, 2010 567 Views 0 comment Print

The ITAT held that the taxes paid on profits, whether on presumptive basis or on the basis of actual profits earned, represent application of income and are not allowed as deduction in computation of taxable profits. In terms of applicable provisions of the Indian Tax Laws (ITL), read with the applicable tax treaty, such taxes qualify for tax credit relief so as to avoid double taxation.

Notification No. 121 /2010-Customs dated 1st December, 2010

December 1, 2010 571 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 amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 96/2008-Customs, dated the 13th August, 2008 which was pu

Notification No. 120 /2010-Customs Dated- 1st December, 2010

December 1, 2010 661 Views 0 comment Print

G.S.R. (E). – Whereas in the matter of imports of Phenol [hereinafter referred to as the subject goods], falling under sub heading 2907 11 10 or 2707 99 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Thailand and Japan (hereinafter referred as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No.14/27/2009-DGAD, dated the 3rd February, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd February

NBFCs to finalise their balance sheet within a period of 3 months from the date to which it pertains

December 1, 2010 1119 Views 0 comment Print

In exercise of the powers conferred by Section 45JA of the Reserve Bank of India Act, 1934 and of all the powers enabling it in this behalf, and in partial modification of its Non-Banking Financial (Non-Deposit Accepting) Companies Prudential Norms Directions, 2007 issued vide Notification No. DNBS. 193 dated DG (VL)-2007 dated February 22, 2007, the Reserve Bank hereby notifies as follows, namely.

Himachal Pradesh CM launches web portal of Excise and Taxation department facilitating e-payment of VAT

December 1, 2010 892 Views 0 comment Print

Himachal Pradesh Chief Minister Prem Kumar Dhumal today launched new web portal of Excise and Taxation department for e-payment of VAT at his Office Chamber here today by accepting payment of Rs. 99,999 from Sanjay Guleria, Director, Symbiotic Drugs

CBEC Releases Draft Scheme of Authorised Economic Operator for Inviting Suggestions

December 1, 2010 571 Views 0 comment Print

The Central Board of Excise & Customs (CBEC) has released a draft scheme of Authorized Economic Operator (AEO) based on the World Customs Organisation’s (WCO) SAFE Framework of Standards to secure and facilitate global trade. The SAFE Framework of St

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