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Archive: 2010

Posts in 2010

Do not ignore the importance of filing annual wealth tax returns

July 9, 2010 1080 Views 0 comment Print

The season to file income tax returns is on and most taxpayers will try to quickly wrap up the process. But most people ignore the importance of filing annual wealth tax returns. Govind Pathak, a certified financial planner, explains, “If you start paying wealth tax all of a sudden, officials can seek records of how you acquired this wealth. Filing wealth tax returns regularly helps you create evidence of ownership of assets and also how they have increased year-on-year.”

Supreme Court rejects Third Party Administrators (TPAs) tax deduction appeal

July 9, 2010 537 Views 0 comment Print

This is the latest twist to the two-year dispute between tax authorities and third party administrators, or TPAs. On Tuesday, the Supreme Court dismissed an appeal against the Bombay High Court order which held that TPAs — which are typically companies that liaise between insurers and hospitals to facilitate cashless treatment for policyholders — should deduct taxes while making payment to hospitals.

Service Tax Planning – Limits of Management Consultancy Services

July 9, 2010 5423 Views 0 comment Print

Meaning:- Section 65(105)(r) of Finance Act, 1994 defines taxable service as any service provided or to be provided to any person by a management or business consultant1 in connection with the management of any organization or business, in any manner. INTRODUCTION – Limits of management consultancy services

Analysis of Circular on Compounding of Contraventions under FEMA, 1999

July 9, 2010 1478 Views 0 comment Print

The provisions of Section 15 of FEMA permit compounding of contraventions and empowers Reserve Bank of India (“RBI”) to compound any contravention, except under section 3 (a) of FEMA on an application made by the person committing such contravention. In order to simplify the procedures for compounding, the Government of India notified Foreign Exchange (Compounding Proceedings) Rules, 2000 (“Rules”).

Coal India to come out with India's largest ever public offer to raise up to Rs 15,000 crore

July 9, 2010 447 Views 0 comment Print

State-run Coal India Ltd is likely to hit the market by the third week of October with India’s largest ever public offer to raise up to Rs 15,000 crore. The government is disinvesting 10 per cent of its stake in Coal India (CIL), the world’s largest coal miner, through the IPO.

Storage and Supply of goods in India through an independent third party gives rise to fixed place permanent establishment in India

July 9, 2010 6425 Views 0 comment Print

Depending on the facts, the activity of storage and supply of goods in India by a foreign enterprise may need examination to determine impact of the above ruling. For the purpose of the computation of the profit, a PE should be regarded as separate and distinct enterprise wholly independent of the non-resident foreign company.

Consideration for assignment of supply agreement not taxable in the absence of Permanent Establishment in India

July 9, 2010 1261 Views 0 comment Print

The AAR upheld the contention that a transfer for the purpose of capital gain should be a legal transfer. The transfer of rights and obligations even if not binding on the third party are still binding on the parties to the agreement therefore consideration against the same could be treated as business profit. In absence of permanent establishment in India, consideration for assignment of supply agreement can not be taxable in India.

Research activities of branch office can lead to a ‘permanent establishment’ if not characterized as preparatory or auxiliary in nature

July 9, 2010 2416 Views 0 comment Print

Under the specific facts of the case the research activities were held to be in the nature of core business activities and not preparatory and auxiliary services so as to be covered in the exclusionary Article for Fixed Place PE.

Additional declaration & undertaking for registration of FII and sub-account

July 9, 2010 1383 Views 0 comment Print

There is no change made in the SEBI (Foreign Institutional Investors) Regulations 1995, regarding the eligibility criteria for registration of FII or its sub-account. SEBI has also not defined the terms PCC / SPC / MCV. SEBI has not made clear what consequences would follow for existing PCC / SPC / MCV that have been already granted registration as FII / sub-account.

Payment for sponsorship rights cannot be termed as royalty

July 9, 2010 2037 Views 0 comment Print

There was no transfer of copyright or the right to use the copyright by the foreign company to the tax payer and therefore the payment would not fall within article 13(3)(c) of the Tax Treaty. The reference in Article 13(3)(c) is to “any copyright” and it is not a reference to “any right”. Hence, the payment cannot be said to be in the nature of royalty payment.

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