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Archive: 2010

Posts in 2010

Maa Communications Bozell Ltd. Vs. Commissioner of Service Tax, Bangalore

June 3, 2010 855 Views 0 comment Print

In fact, recording of reasons ensures that the authority has applied its mind to the case and the reasons that compelled the authority to take a decision in question are germane to the contents and scope of power vested in the authority. Therefore, giving of reasons by an adjudicating body goes to the very root of the process of decision-making or adjudication and therefore, it is not just a formal requirement but indicates that the adjudicatory body has applied its own mind to the merits of the case and also to avoid any doubt as to any perfunctory approach.

Taxability of Standard Chartered PLCs Indian Depository Receipts (IDRs)

June 3, 2010 4858 Views 0 comment Print

Question is that whether IDR is a derivative product, shares or security. Derivative means future and options. If it can be listed as future and options then IDR may be derivative product in addition to other type of asset. It is not shares as shares are not allotted by the bank to the applicants. As you say ten IDR representing one share but if shares are actually not allotted, the name of IDR holder not entered in the register of members then it cannot be said that IDR is share. Now question is that whether it is security?

761 Page Income Tax order concludes Vodafone-Hutch deal taxable in India

June 3, 2010 1733 Views 0 comment Print

The Income Tax Department has, in a 761-page order, asserted its jurisdiction to tax Vodafone Group Plc’s $11.2 billion deal with Hutchison Telecommunications International in 2007, saying the deal was designed to hoodwink tax authorities by showing it had taken place abroad.

Vodafone tax case: Income Tax Department files caveat in HC

June 3, 2010 2012 Views 0 comment Print

The Income Tax Department has filed a caveat in the Bombay High Court in the Vodafone tax case. The caveat was filed to avoid ex-parte proceedings. Vodafone is likely to move the Bombay High Court next week. It is learnt that theIncome Tax Department has issued a seven-page showcause with its final order. The showcause represents new proceedings against Vodafone and relates to representative assesses.

Proposed EET regime under Direct Tax Code (DTC)

June 3, 2010 1516 Views 0 comment Print

Investors in the Employee Provident Fund (EPF), Public Provident Fund (PPF) and insurance plans for retirement have a reason to worry. The Direct Tax Code (DTC), meant to replace the existing Income Tax Act, proposes to introduce the exempt-exempt-taxation (EET) regime for all retirement corpuses.

SC asked the petitioner to disclose his shareholding in Bank of Rajasthan

June 3, 2010 486 Views 0 comment Print

The Supreme Court judges hearing a petition against the merger of Bank of Rajasthan (BoR) with ICICI Bank on Wednesday described it as an “abuse of process of law” and asserted that they would not hear the case unless the petitioner disclosed in an affidavit how many shares he held in BoR.

Income Tax department decided to set up nine more help centres

June 2, 2010 606 Views 0 comment Print

By the end of this fiscal, income tax payers will be able to get all their problems relating to filing of returns and obtaining of refunds, among others, addressed at nine more help centres. The Income Tax Department has decided to set up help centres at 12 cities, including Kolkata, Coimbatore and Surat, to address the problems of tax payers. At present, help centres exist at three places in the country.

ICAI President’s Message – June 2010

June 2, 2010 751 Views 0 comment Print

This story will get louder every summer in all our cities, towns and villages. Worse, crisis is here to stay. By 2011, our Capital will need to increase its water supply by almost 50 per cent to take care of the basic needs of its citizens. Not just deforestation and industrialisation are to be blamed. It appears that we are losing our fundamental battle for survival. It is, therefore, time to understand that these are more than warning signals, which call for responsibility in all our actions – in our respective capacities.

Packing the dispute of branded goods on packing material

June 2, 2010 1859 Views 0 comment Print

There are already two articles published on our website www.capradeepjain.com on this issue. The title of these articles was “SSI exemption: – The branded issue” and “Brand name for packing material: – all is well when ends well”. The budget has made further amendment while passing the budget to end the controversy. This amendment has prompted us to write this third piece on this very same issue. We will discuss the issue in brief to have a better understanding of the subject and thereafter will discuss the implications of this amendment.

All about Arbitrage

June 2, 2010 2480 Views 0 comment Print

In simple terms, Arbitrage is a system, or concept, that has been around for hundred of years, but there is still no any perfect definition of what it is. Your stock broker may give you one definition, while a commodities broker may tell you it’s something else. Hence, most investors have no clue what it’s about.

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