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Archive: 2010

Posts in 2010

Export of Basmati Rice including PUSA Basmati Rice

August 17, 2010 472 Views 0 comment Print

With immediate effect existing entries at point no. 1 in the ‘Nature of Restriction’ against Sl. No. 45 AA (relating to export of Basmati rice including PUSA Basmati 1121) in Notification No. 55(RE-2008)/2004-09 dated 5th November, 2008 shall be substituted to read as under:-

Filing of returns for financial year 2010-2011 -under Maharashtra Value Added Tax act, 2002 and Central Sales Tax Act, 1956

August 16, 2010 2849 Views 0 comment Print

The Maharashtra Sales Tax Department (MSTD) has issued a trade circular no. 19T of 2010 dated 23 June 2010 clarifying certain aspects regarding filing of returns for the financial year 2010-2011 as per the periodicity of returns displayed on MSTD’s web site.

Issuance of non-convertible debentures (NCDs)-RBI Directions- 2010

August 16, 2010 2025 Views 0 comment Print

The Reserve Bank of India (RBI) having considered it necessary in public interest and to regulate the financial system of the country to its advantage had laid draft guidelines on the regulation of issue of non-convertible debentures (NCDs) with maturity of less than one year .

Procedure for E-Filing of Excise & Service Tax Returns & Online Payment

August 16, 2010 25710 Views 0 comment Print

In continuation of its efforts for trade facilitation, CBEC has rolled out a new centralized, web-based and workflow-based software application called Automation of Central Excise and Service Tax (ACES) in all 104 commissionerates of Central Excise, Service Tax and Large Tax Payer Units (LTUs) as on 23 December, 2009. ACES is a Mission Mode Project (MMP) of the Government of India under the national e-governance plan and it aims at improving tax-payer services, transparency, accountability and efficiency in the indirect tax administration in India. This application has replaced the current applications of SERMON, SACER, and SAPS used in Central Excise and Service Tax for capturing returns and registration details of the assessees and hence, in suppression of the CBEC Circular No.791/24/2004-CX. dated 1 June 2004 and CBEC Circular No. ST 52/1/2003 dated 11 March 2003, revised circular no. 919/09/2010-CX is being issued.

Subsequent sale in-transit cannot be denied exemption under Central Sales Tax Act, 1956 on the ground that first sale was exempted

August 16, 2010 1249 Views 0 comment Print

Further, the Hon’ble High Court distinguished the judgments of the Supreme Court in the case of A & G Projects and Technologies Limited Vs. State of Karnataka (2009 (2) SCC 326] and the High Court of Andhra Pradesh in the case of Jadhavjee Laljee Vs. State of Andhra Pradesh (1989 (74) STC 201 (DB)].

Analysis of FDI Policy issued by DIPP on 01.04.2010

August 16, 2010 1618 Views 0 comment Print

The Department of Industrial Policy and Promotion (DIPP) has unveiled a Consolidated FDI Policy on 1 April 2010 which consolidates all the prior policies / regulations on Foreign direct investments (FDI) as per Foreign Exchange Control Regulations and Press Notes /Press Releases / Clarifications issued by DIPP, into a single document and thereby reflects the current ‘policy framework’ on FDI.

ITAT rules on taxpayer’s option to choose initial year for claiming tax holiday for telecommunication services

August 16, 2010 924 Views 0 comment Print

The option of choosing the initial year for claiming tax holiday under the Section for a consecutive period of 10 out of 15 years (20 years in some cases) from the commencement of operations of an eligible undertaking, is intended to provide meaningful benefit to such taxpayers, since these business are capital-intensive and typically have long gestation period during which they incur losses and are not in a position to avail the profit-linked tax holiday benefit.

Any person from whom a non-resident is in receipt of any income can be treated as an agent of such non-resident: Mumbai ITAT

August 16, 2010 864 Views 0 comment Print

A recent ruling of the Mumbai Income Tax Appellate Tribunal (ITAT) in the case of Hindalco Industries Ltd. (Taxpayer) [AIT­2010-211-1TAT] under the provisions of the Indian Tax Act, 1961 (ITA),held that any person from whom a non ­resident is in receipt of any income can be treated as an agent of such non-resident.

Valuation of Goods cleared in DTA by EOU’s.- Circular No. 933/23/2010- Central Excise

August 16, 2010 1829 Views 0 comment Print

In such cases 100% of the goods are cleared from the EOU to depot from where the sale is effected through consignment agents. CBEC has earlier issued Circular No 268/85-CX.8 dated 29. 09.1994, clarifying that valuation of goods in such situations will have to be done in accordance with the Rule 8 of the Customs Valuation Rule (Determination of Price of Imported Goods), 1988 as it existed then.

Procedural Provisions Relating to TDS and Filing of TDS Statements under Income Tax Act 1961

August 15, 2010 10328 Views 0 comment Print

T.D.S means the Tax deducted at source. Whenever a person liable to deduct tax of another person under Income Tax Act, deducts tax, the credit of such tax is given to the deductee when his liability to pay income tax is calculated. Such credit is given on the basis of the information given by the deductor to the Income Tax Department by way of filing his T.D.S statements, wherein the full detail about the tax deducted, the PAN No of deductee etc are given, so that the right credit of T.D.S can be given to the deductee.

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