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Archive: 2010

Posts in 2010

ICAI wants more regulatory powers to prevent frauds

July 1, 2010 615 Views 0 comment Print

India’s apex audit and accounting body wants more regulatory powers to prevent frauds such as the one perpetrated by B. Ramalinga Raju, the founder of Satyam Computer Services Ltd. The Institute of Chartered Accountants of India (Icai), in a report to the ministry of corporate affairs (MCA), has asked that its committees be given the power to summon witnesses and ask for production of records of companies when it is investigating corporate and accounting frauds perpetrated by audit firms.

Extension of Due Date for payment of Profession Tax for the FY 2010-2011

July 1, 2010 1992 Views 0 comment Print

The Government of Maharashtra has extended the Due Date for payment of Profession Tax for the FY 2010-2011 to 31st July, 2010.The Profession Tax Department has allotted new Enrollment and Registration Numbers. The new Enrollment Numbers starts with “99” and ends with the alphabet “P” whereas the new Registration Numbers starts with “27” and ends with the alphabet “P”.

Legal Reforms–What Law Ministry Should Do With Immediate Effect?

July 1, 2010 648 Views 0 comment Print

I am very happy to listen to Smt. Sonia Gandhi and Shri Manmohan Singh expressing their intention to correct our legal system and to restore the public perception of legal profession and the role of Judiciary in India. It is a fact that India can never be able to claim that it is developed unless we are able establish a reliable legal system in India.

Striking off a Company is Now Not a Lengthy Process

July 1, 2010 5427 Views 0 comment Print

As and when any person goes for starting any business, a question arise in his mind what form of business is to start i.e. whether sole proprietor ship, partnership or a company. Those who want to save themselves from legal obligations of the ROC, MCA or CLB opt for either sole proprietorship or partnership.

Section 144C of Income-tax Act, 1961-Reference to Dispute Resolution Panel – Constitution of Dispute Resolution Panel (DRP-II, Mumbai)

July 1, 2010 636 Views 0 comment Print

Order No. 3/FT&TR-II/2010 In exercise of powers conferred under section 144C of the Income-tax Act, 1961 and in supersession of Order No. 1/FT&TR/2010 dated 10th February, 2010 the Board hereby constitutes the Dispute Resolution Panel (DRP-II, Mumbai) comprising of three Commissioners of Income-tax/Directors of Income-tax as members of DRP at the place(s) given below with immediate effect and until further orders.

Company Law Settlement Scheme, 2010 for defaulting companies

July 1, 2010 1488 Views 0 comment Print

The objective of CLSS is to give an opportunity to defaulting companies to enable them to make their default good by filing belated documents and to become a regular compliant in future. CLSS would condone the delay in filing documents with the Registrar of Companies (ROC), grant immunity from prosecution by levying additional fee of 25% of actual additional fee payable for filing belated documents under the Act and the rules made there under.

Easy Exit Scheme, 2010 for “defunct companies” under Companies Act, 1956

July 1, 2010 1042 Views 0 comment Print

Ministry of Corporate Affairs (MCA), Government of India has on 26 May 2010 introduced Easy Exit Scheme, 2010 (EES) under the Companies Act, 1956 (the Act) to provide a fast track exit for “defunct companies” to get their names struck off from the records of the Register of Companies (ROC). The salient features of the scheme are as under:

Business Profits of Permanent Establishment (PE) not taxable on gross basis as Fees for Technical Services

July 1, 2010 1486 Views 0 comment Print

The assessee, a division of Technical Resources Prt. Ltd. Australia, had entered into contracts with Rio Tinto India Pvt. Ltd. (RTIPL) for evaluation of coal deposits in Maharashtra and Orissa and for corresponding feasibility studies for transporting the same.

Notification No. 27/2010-Central Excise (N.T.); Dated: 01.07.2010

July 1, 2010 649 Views 0 comment Print

supplied for the use of foreign diplomatic missions or consular missions or career consular offices or diplomatic agents in terms of the provisions of notification No. 6/2006- Central Excise dated the 1st March, 2006, number G.S.R.96(E), dated the 1st March, 2006; or”

Capital gain on sale of assets of Permanent Establishment (PE) is taxable in India even when PE ceased to exist

July 1, 2010 1387 Views 0 comment Print

The Tribunal concluded that the sale of rig was precursor to the process of cessation of PE, termination of the contract and movement of equipment in international waters. The rig was situated in India when the process of sale had commenced and substantially completed. The deferral of receipt of part sale consideration and postponement of handing over of the rig was immaterial, so far as tax liability in connection with the sale of PE or its assets are concerned.

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