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Archive: December, 2010

Posts in December, 2010

RBI Directions for submission of system audit reports from CISA qualified Auditor

December 27, 2010 1858 Views 0 comment Print

All authorised entities are advised to furnish their respective system audit reports from a CISA qualified auditor on an annual basis. Authorised entities which follow an April-March financial year, the system audit report should be submitted within two months i.e. by 1st June of that year. Authorised entities, which follow a calendar year annual closing, are advised to submit their system audit reports by 1st March of the following year.

Unexplained expenditure u/s. 69C and Addition under s. 41(1) on the ground that there was remission or cessation of liability

December 27, 2010 24110 Views 0 comment Print

Unexplained expenditure u/s. 69C :- Sec. 69C refers to the source of the expenditure and not to the expenditure itself; further, in the absence of any material found during the search, addition of expenditure would not be justified in the block assessment.

Capital or revenue expenditure- Market research expenses and Severance cost of employees vis-à-vis closure of business

December 27, 2010 5023 Views 0 comment Print

Assessee having suspended only its manufacturing activity and not closed down its trading activity, it is not a case of closure of business and, therefore, expenses incurred by it towards severance cost of employees is allowable as revenue expenditur

Analysis of recent service tax Notifications including Exemption to canned software rescinded

December 27, 2010 625 Views 0 comment Print

This article summarizes the recent Service Tax Notifications dated 21 December 2010 issued by the GOI including the withdrawal of exemption from payment of service tax under ‘information technology software service’ for import of single user canned o

Issuance of Non-Convertible Debentures (NCDs)- IDMD.PCD.25 /14.03.03/ 2010-11

December 27, 2010 630 Views 0 comment Print

Raising funds through issuance of NCDs in multiple tranches based on a single valid rating for the consolidated amount, each tranche need not be separately certified by the auditor (in compliance with section 8.2 of the NCD Directions). However, where the issuer obtains a separate/fresh rating for an issuance, such issuance must be backed by an auditor’s certificate confirming the issuer’s compliance with the eligibility criteria for issuance.

StCBs/DCCBs – Operation of bank accounts and money mules- RPCD.CO.RCB.AML.BC. No.39/07.40.00/ 2010-11

December 27, 2010 493 Views 0 comment Print

The operations of such mule accounts can be minimised if banks follow the guidelines contained in various RBI Circulars on Know Your Customer (KYC) norms/Anti-Money Laundering (AML) Standards/ Combating of Financing of Terrorism (CFT)/ Obligation of banks under PMLA, 2002. State and central Co-operative Banks are, therefore, advised to strictly adhere to the guidelines on KYC/AML/CFT issued from time to time and to those relating to periodical updation of customer identification data after the account is opened and also to monitoring of transactions in order to protect themselves and their customers from misuse by such fraudsters.

Asian Clearing Union (ACU) Mechanism – Indo – Iran trade – A.P. (DIR Series) Circular No. 31

December 27, 2010 795 Views 0 comment Print

In view of the difficulties being experienced by importers / exporters in payments to /receipts from Iran, the extant provisions have been reviewed and it has been decided that all eligible current account transactions including trade transactions with Iran should be settled in any permitted currency outside the ACU mechanism until further notice.

Public Provident Fund Scheme, 1968 Amendment to Section 9(3) of Scheme

December 27, 2010 3773 Views 1 comment Print

Provided further that an account opened on behalf of a Hindu Undivided Family prior to the 13th day of May, 2005, shall be closed after expiry of fifteen years from the end of the year in which the initial subscription was made and the entire amount standing at the credit of the subscriber shall be refunded, after making adjustments, if any, in respect of any interest due from the subscriber on loans taken by him.

Banks Can Give up to 90 Percent on Home Loans not exceeding Rs. Rs 20 Lakh

December 27, 2010 450 Views 0 comment Print

Banks can give up to 90 per cent of the value of the property in case of small value home loans up to Rs 20 lakh. But in case of loans above Rs 20 lakh, the loan to value ratio (LTV) should not exceed 80 per cent, said the Reserve Bank of India, in a

Financial Position of Appellant cannot be the sole criteria for grant of stay

December 27, 2010 670 Views 0 comment Print

The Court has made it clear that though there are no hard and fast rules regarding grant of stay, prudence, discretion and circumspection are called for and stay should not be granted as a matter of course. Considerations about balance of convenience, question of irreparable injury and implications to public interest have to be borne in mind

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