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Archive: 2010

Posts in 2010

ICAI may be roped in to finalise mines profit-sharing regime

September 28, 2010 429 Views 0 comment Print

The government is understood to be considering roping in ICAI, the apex accounting body, to tighten the compensatory scheme for the people displaced by mining projects amid a furore over the proposal for 26 per cent profit-sharing in the new mining l

SEBI, bourses up vigil for market manipulators

September 28, 2010 573 Views 0 comment Print

With the stock market moving closer to new record peaks, watchdog SEBI and the stock exchanges have enhanced their guard against manipulators. The regulating authority as well as the bourses, which act like first-stage regulators in the stock market,

Due date for filing income tax returns for A.Y. 2010-11 / Financial Year 2009-10 extended from 30/9/2010 to 15/10/2010

September 27, 2010 43152 Views 1 comment Print

On consideration of the reports of disturbance of general life caused due to floods and heavy rains, the Central Board of Direct Taxes, in exercise of powers conferred under section 119 of the Income Tax Act, 1961, hereby extends the due date of filing of returns of income for the Assessment Year 2010-11 from 30-09-2010 to 15th October 2010. Accordingly the due date for Tax Audit report u/s 44AB of the Income Tax Act is also extended to 15th October 2010.

Plea of alternative remedy cannot be accepted if question involved lacks jurisdiction on admitted facts

September 27, 2010 747 Views 0 comment Print

The plea of alternative remedy cannot be accepted as question involved in the present case is of lack of jurisdiction on admitted facts. In the present case, the petitioner furnished all the information and raised a dispute of taxability relying upon the judgment in Kone Elevators (India) Ltds case (supra). In such a situation there could be no question of attempt at tax evasion. Invocation of jurisdiction to impose penalty at the Information Collection Centre was not called for.

RBI circular on Bank loans for financing promoter’s contribution

September 27, 2010 2665 Views 0 comment Print

In this connection, we advise that the above mentioned restriction on grant of bank advances for financing promoters’ contribution towards equity capital would also extend to bank finance to activities related to such acquisitions like payment of non compete fee, etc.

Foreign Trade Policy (FTP), 2009-14- Circular No. 38/2010-Custom Duty

September 27, 2010 1441 Views 0 comment Print

he Annual Supplement to the Foreign Trade Policy (hereinafter referred to as the FTP), 2009-2014 and the Handbook of Procedures (Vol.I) (hereinafter referred to as the Handbook) have been notified by the DGFT vide notification No. 1(RE-2010) / 2009-2014 dated

Depreciation allowable on membership card of the BSE -Supreme Court

September 27, 2010 1126 Views 0 comment Print

The SC has reversed the view of the Bombay High Court which had held that the term business or commercial rightsand licence are referable to a class of intellectual property rights such as know-how, patents, copyrights, trademarks etc. The SC has held that the business or commercial rights need not be similar to a licence or franchise or other classes of intellectual property rights to be considered as an intangible asset.

Direct Taxes Code Bill, 2010 – Summary of Key changes proposed

September 27, 2010 609 Views 0 comment Print

Certain specified expenditure such as non-compete fee, business reorganization expenses, etc. shall be allowed on a deferred basis over a period of 6 years. However, expenditure incurred by a resident on any operations relating to prospecting for any

Human intervention necessary for technical services

September 27, 2010 1803 Views 0 comment Print

The Court, by referring the case back to the assessing officer, appears to have accepted the contention that only services rendered by humans can be regarded as a technical service. The ruling has particular significance for the technology sector where similar interpretation issues on taxability of technical services are common. Further as held by the Court, in such cases technical evidence would be required for establishing that there was no human intervention involved in the process.

An undertaking can continue to enjoy tax holiday even if the ownership changes

September 27, 2010 933 Views 0 comment Print

Where an undertaking existed in the same place, form and substance and did carry on the same business before and after the change in legal character of the form of organization, the taxpayer is eligible for deduction.

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