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Archive: 2010

Posts in 2010

Notification No. 55/2010–Customs (N.T.), Dated:07/07/2010

July 7, 2010 466 Views 0 comment Print

S.O. (E). – In exercise of the powers conferred by sub-section (1) of section 4 and sub-section (1) of section 5 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby appoints the Commissioner of Customs (Adjudication), New Delhi to exercise the powers and dis

SEBI : Revised Exposure Margin for Exchange Traded Equity Derivatives

July 7, 2010 394 Views 0 comment Print

Based on the feedback received from market participants, it has now been decided that the said exposure margin shall be higher of 5% or 1.5 times the standard deviation (of daily logarithmic returns of the stock price).

Notification No. 50/2009-2014, Dated: 06.07.2010

July 6, 2010 403 Views 0 comment Print

Guar gum exports to European Union, originating in or consigned from India and intended for animal or human consumption, allowed subject to issue of Health Certificate by authorized representative of Ministry of Commerce & Industry, Government of India i.e. Shellac & Forest Products Export Promotion Council (SHEFEXIL), Kolkata accompanied by the original analytical report of testing of Penta Chlorophenol (PCP) issued by Vimta Labs, Hyderabad, certifying that the product does not contain more than 0.01 mg/Kg. of Penta Chlorophenol (PCP) on sampling done by the authorized representative of the competent authority.

Right to subscribe the additional shares arises on the date when the company decides to come out with the right offer

July 5, 2010 495 Views 0 comment Print

The right to subscribe for additional offer of shares/ debentures on rights basis comes into existence when the company decides to come out with the rights offer. Prior to that, such right, though embedded in the original shareholding, remains inchoate. The same crystallizes only when the rights offer is announced bythe company.

An appeal can be filed against the order of the Assessing Officer giving effect to the Mutual Agreement Procedure (MAP) resolution

July 5, 2010 2186 Views 0 comment Print

The ITAT answered the question in favour of the tax payer by holding that an appeal can be filed against the order of the AO giving effect to the MAP resolution. Further, ITAT held that the percentage of 10% be applied to net income after reducing the commission paid to the Indian agent.

Loss of a unit not eligible for any tax holiday cannot be set off against profits of the eligible unit for the purpose of computing deduction

July 5, 2010 774 Views 0 comment Print

Loss of a unit not eligible for any tax holiday cannot be set off against profits of the eligible unit for the purpose of computing deduction

Payment received on account of supply of software products to independent third party re-sellers in India not royalties but business income

July 5, 2010 1077 Views 0 comment Print

The applicant is a company incorporated in Japan and is engaged in the business of providing „Products Lifecycle Management? software solutions, applications and services. These software products are standardized and not customized or tailor-made. It markets its products in India through a distribution channel of third party resellers comprising Value Added Resellers („VAR?) who resells the software to end-users.

Section 50C not applicable in case the property held as business asset

July 5, 2010 1831 Views 1 comment Print

It is not in dispute that the activity of the assessee is of property promoter. As the property in the hands of the assessee was treated as business asset and not as capital asset, there is no question of invoking the provisions of section 50C of the Act. Section 50C of the Act pertains to determining the full value of the capital asset. The appeal is, therefore, dismissed.

Announcement for students appearing in November 2010 examination Final (Old) Course [Direct Taxes] and Final (New) Course [Direct Tax Laws]

July 5, 2010 438 Views 0 comment Print

For students appearing in November 2010 examination, the amendments made by the Finance (No.2) Act, 2009, as applicable for assessment year 2010-11, are relevant. Therefore, the amendments made by the Finance (No.2) Act, 2009 which are not applicable for A.Y.2010-11 would not be relevant for students appearing for November 2010 examination.

Announcement for Certified Filing Centre under MCA 21 e-governance Programme

July 5, 2010 642 Views 0 comment Print

The Ministry of Corporate Affairs had introduced the MCA21 e-Governance programme with a view to improve the speed and certainty in delivery of MCA services in a transparent manner. This improvement is ensured primarily through the mechanism of secure electronic filing (e-filing) and easy online payment for all the services provided by the Registrar of Companies. A network of facilitation centres at 52 locations throughout the country was set-up.

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