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Archive: 2010

Posts in 2010

TDS on foreign remittance deductible only if tax is assessable in India

September 21, 2010 6174 Views 0 comment Print

A dispute often arises when the payer of the amount to the non-resident feels that the amount to be remitted by him is not recipient’s income chargeable under the Indian Income-tax Act. Should the payer in such a case deduct tax at source? It was bel

Discount allowed on sale of Sim Cards is nothing but commission and TDS is applicable under section 194H of Income Tax Act 1961

September 21, 2010 4309 Views 0 comment Print

Vodafone Essar Cellular Ltd. v. ACIT On this issue, the Kerala High Court observed that it was the SIM card which linked the mobile subscriber to the assessee`s network. Therefore, supply of SIM card by the assessee-telecom company was only for the purpose of rendering continued services to the subscriber of the mobile phone. The position was the same so far as recharge coupons or e-topups were concerned which were only air time charges collected from the subscribers in advance under a prepaid scheme.

DTC propose to tax companies and individuals on income arising from investments overseas

September 21, 2010 1161 Views 0 comment Print

The income-tax department intends to bring individuals under the ambit of the proposed controlled-foreign companies (CFCs). The rules on CFCs, proposed under the Direct Taxes Code, are aimed at ensuring that all companies and individuals pay tax on income arising from investments overseas.

Items excluded from Capital Market Exposure

September 21, 2010 1657 Views 0 comment Print

On a review, it has been decided to include the National Payments Corporation of India. (NPCI) and United Stock Exchange of India Ltd.(USEIL) as part of institutions forming crucial financial infrastructure. Accordingly, banks’ investments in NPCI and USEIL will also be excluded from the aggregate Capital Market Exposure ceiling of 40 percent of net worth and direct investment ceiling of 20 percent of net worth, till they are listed. After listing, the exposure in excess of the original investment (i.e. prior to listing) would form part of the Capital Market Exposure.

Appointment of Arbitrators and making the Domestic Arbitration Mechanism effective and affordable?

September 21, 2010 648 Views 0 comment Print

Arbitration in India was earlier governed by the Indian Arbitration Act, 1859 with limited application and the Second Schedule to the Code of Civil Procedure, 1908. Then came the Arbitration Act, 1940. Section 8 of that Act conferred power on the Cou

Processing of departmental litigation before Courts / Tribunal- reg

September 21, 2010 3223 Views 0 comment Print

It has been the constant endeavor of the Board to streamline the procedures relating to processing of departmental litigation before the Supreme Court, High Courts and CESTAT. Several circulars/ instructions have been issued by the Board, in the past, in this regard prescribing the procedure to be followed and precautions to be taken by the field formations. However, it has been observed that more than 50% of the proposals received by the Board suffer from infirmities including delays beyond limitation period.

Notification No. 96 /2010-Customs, notification about import anti dumping duty

September 21, 2010 985 Views 0 comment Print

G.S.R. (E). – Whereas in the matter of imports of Sodium Tripoly Phosphate (STPP) (hereinafter referred to as the subject goods), falling under sub heading 2835 31 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred as the said Customs Tariff Act), originating in, or exported from, People’s Republic of China (hereinafter referred as the subject country) and imported into India, the designated authority in its preliminary findings vide notification No. 14/25/2009–DGAD, dated the 21st May, 2010, published in the Gazette of India, Extraordina

Parliament to consider new Companies Bill in November

September 20, 2010 543 Views 0 comment Print

The government on Friday said the new Companies Bill, which seeks to modernise corporate laws, will be taken up for consideration in the Winter session of Parliament in November. “The Standing Committee has given its report. By the next session of Parliament we expect to table the amended bill after which it will go to the Law Ministry for vetting,” Corporate Affairs Secretary R Bandyopadhayay said while addressing a global leadership programme organised by SCOPE.

Petroleum ministry wants continuation of exemption to oil and gas producers under proposed Direct Tax Code

September 20, 2010 483 Views 0 comment Print

Petroleum ministry has asked the finance ministry to rework the Direct Taxes Code Bill 2010 so that oil and gas producers can continue to enjoy the existing tax breaks which are being grandfathered to their full extent.In a letter to revenue secretar

Computer training not exempt from service tax during the period 10th Sept 2004 to 15th June 2005 – SC

September 20, 2010 594 Views 0 comment Print

The notification dt . 10th of September, 2004 was issued and made effective from the date of its issuance. The same did not include the concept of “computer training institute” within its ambit and under the aforesaid notification, exemption was only granted to vocational and recreational training institute. A computer training institute which is defined and was included in the notification dt . 20th June, 2003 was specifically excluded from the purview of the notification dt. 10th Sept ., 2004. The Central Government while doing so was fully conscious of the implication thereof and also of the fact as to what constitutes a computer training institute as defined in the notification dt. 20th June, 2003.

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