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Archive: 2010

Posts in 2010

Does the Central Board of Direct Taxes (CBDT) have the power under section 119(2)(b) to condone the delay in filing return of income?

August 25, 2010 3286 Views 0 comment Print

The assessee filed his return of income which contains a claim for carry forward of losses a day after the due date. The delay of one day in filing the return of income was due to the fact that the assessee had not reached the Central Revenue Building on time because he was sent from one room to the other and by the time he reached the room where his return was to be accepted, it was already 6.00 p.m. and he was told that the return would not be accepted because the counter had been closed.

ICAI Special Counters on 25th/26th August,2010 for the receipt of filled-in Examination Form- 24th August,2010

August 25, 2010 690 Views 0 comment Print

To facilitate the candidates of November-2010 C.A. Examinations for submitting the filled in CA Examiantion forms , four special counters will be operational in the adjoining premises of the Institute of Chartered Accountants of India viz, Institute of Engineers,Indraprastha Marg on 25th & 26th August,2010. The candidates are requested to avail this facility on 25th & 26th August,2010.

Gmail Now increases “Undo Send” Duration to up to 30 Seconds

August 25, 2010 507 Views 0 comment Print

Do you remember those “Oops” moments when you send email to someone and soon it occurs that you have missed something? This is where the “Undo Send” feature of Gmail comes in. It has saved me several times by undoing the sent emails.

Is it so difficult to reform our Legal System or Judiciary?

August 25, 2010 1315 Views 0 comment Print

The legal system in India and the judiciary has reached a stage now where the public openly criticise the judiciary and the News Channels debate even the judgments delivered by the Constitutional Courts. It is an open fact in my opinion that the public opinion at the legal system in India and as to how the judiciary is not able to deliver results meeting the expectations of the public, has taken away the caution to be exercised while referring to the judiciary or the legal system. The respect can never forcibly be received and the respect should come voluntarily.

Development of IT infrastructure must before implementation of GST

August 25, 2010 1045 Views 0 comment Print

Goods and Service tax (GST) is the most talked about topic in the field of indirect taxation today in India. Everybody is keenly waiting for the proposed GST draft which will replace the existing system of VAT in India. The central government wants the GST to be implemented in India by 1st April, 2011. Although there are and will be been many hurdles which are to be crossed before GST is implemented in India.

EX Satyam Chairman Mr B. Ramalinga Raju finally appears before the court

August 25, 2010 990 Views 0 comment Print

Mr B. Ramalinga Raju finally made a brief appearance on Tuesday before the special trial court going into the Satyam scam, managing to avoid media glare. It is nearly a year since the former founder and ex-chairman of Satyam Computer Services has been under treatment for Hepatitis C at the Nizam’s Institute of Medical Sciences and consistently citing medical grounds for not appearing for trial.

Shri Salman Khurshid to launch an E-Learning Module on Corporate Governance tomorrow

August 24, 2010 957 Views 0 comment Print

Shri Salman Khurshid, Minister of Corporate Affairs, will launch here tomorrow evening an e-learning module on Corporate Governance: Voluntary Guidelines 2009. It will be a joint effort of the Ministry of Corporate Affairs and Dun & Bradstreet India.

ICAI invites Suggestions/views from all members with regard to the changes/ modifications required in the Code of Ethics, 2009 in view of the revised edition of IFAC Code of Ethics( 2010)

August 24, 2010 699 Views 0 comment Print

Suggestions/views invited from all members with regard to the changes/ modifications required in the Code of Ethics, 2009 in view of the revised edition of IFAC Code of Ethics( 2010). Suggestions/views invited from all members with regard to the changes/ modifications required in the Code of Ethics, 2009 in view of the revised edition of IFAC Code of Ethics( 2010)

Order of the Madras HC on the legislative competency of the Parliament to levy Service Tax on Information Technology Software Services

August 24, 2010 871 Views 0 comment Print

Infotech Software Dealers Association (hereinafter referred to as “the ISODA” or the “Petitioner”) is a society registered under the Societies Registration Act having its headquarters at Mumbai. Members of ISODA are engaged in the business of reselling of computer software products falling under 3 categories – (i) Shrink Wrap Software; (ii) Multiple User Software/Paper License and (iii) Internet Download. The ISODA filed the subject petitions under Article 226 of The Constitution of India, praying for the issue of a Writ of Declaration to declare Section 65(1 05)(zzzze) of Chapter V of Finance Act, 1994 (as amended by Finance No.2 Act of 2009) (hereinafter referred as “the Finance Act”) in relation to the business activities of the members of the Petitioner as: • Null and void; • Ultra vires and unconstitutional of the provisions of Article 245, Entries 92C and 97 of List-I, Entry 54 of List-II of Schedule VII of the Constitution of India; and • Contrary to provisions of Articles 14, 19(1)(g), 265 and 268A of the Constitution of India. The writ petitions raised the following three questions: • Whether software is goods? • Whether supply of software pursuant to the End User License Agreement is to be treated as sale or service? • Whether the Parliament has the legislative competency to levy Service Tax on Information Technology Software Services?

Place of effective management essential to substantiate the residential status of the Mauritius company while claiming the capital gains exemption in India

August 24, 2010 2168 Views 0 comment Print

Mere tax residence certificate may not be the conclusive determinant of residential status of the Mauritius company. It may be essential to substantiate the residential status based on the place of effective management. Documents like board minutes etc would need to be authenticated by the government agency in Mauritius in order to be relied upon as evidence in case of dispute on place of effective management.

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