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Archive: 2010

Posts in 2010

Revised DTC draft for public comments in first week of June: Revenue Secretary

May 25, 2010 834 Views 0 comment Print

The government on Monday said that the revised draft of the Direct Taxes Code (DTC), which is aimed at simplifying the tax structure, would be made available for public comments in the first week of June.

Industrial Park Scheme Eligible for Deduction Under Section 80IA of I-T ACT Extended to 31st March 2011

May 25, 2010 816 Views 0 comment Print

The Central Board of Direct Taxes (CBDT) has amended the Industrial Park Scheme 2008 and Rule 18C of the Income Tax Rules, 1962 to give effect to the extension of the ending date of operation of the Scheme to 31st March 2011.

SC doubts law requiring PSUs to obtain COD approval

May 25, 2010 780 Views 0 comment Print

In ONGC vs. CCE 104 CTR (SC) 31, the Supreme Court directed the Central Government to set up a `Committee on Disputes’ to monitor disputes between the Government and Public Sector Enterprises and give clearance for litigation. It was held the no litigation could be proceeded with in the absence of COD approval.

Notification No. 39/2010-Income Tax Dated 25/5/2010

May 25, 2010 487 Views 0 comment Print

Notification No. 39/2010-Income Tax It is hereby notified for general information that the organization Bose Institute, Kolkata has been approved by the Central Government for the purpose of clause (ii) of sub-section (1) of section 35 of the Income-tax Act, 1961 (said Act), read with Rules 5C and 5E of the Income-tax Rules, 1962 (said Rules), from Assessment year 2009-2010 onwards in the category of ‘ASSOCIATION’, partly engaged in research activities

Cross-border services- Prior to 18-4-2006 services rendered by a non-resident service provider to a resident recipient could not be taxed as a service at the hands of resident recipient

May 24, 2010 627 Views 0 comment Print

In fact, the Bombay High Court in Indian National Shipowners Association v. Union of India [2009] 19 STT 408 (Bom.) has more than adequately dealt with the entire issue and inter alia concluded that it is only after enactment of section 66A that taxable services received from abroad by a person belonging to India are taxed in the hands of the Indian residents; before enactment of section 66A, there was no such provision in the Act and therefore, the respondents had no authority to levy service tax on the members of the petitioners-association.

Competition Commission of India (Return on Measures for the promotion of Competition Advocacy, Awareness and Training on Competition Issues) (Amendment) Rules, 2010 – Amendment in rule 3

May 24, 2010 487 Views 0 comment Print

Notification No. G.S.R. 445(E)-Income Tax In the Competition Commission of India (Return on Measures for the promotion of competition Advocacy, Awareness and Training on Competition Issues) Rules, 2008, in rule 3, for sub-rule (5), the following sub-rule shall be substituted, namely :-

ICSI Plans to roll out two new courses

May 24, 2010 903 Views 0 comment Print

The Institute of Company Secretaries of India (ICSI) has plans to launch post membership qualification (PQM) courses in competition law as well as corporate restructuring and insolvency in the next six months.

Payments from Indian Hotel Owner for Global Reservation Services is Business Income: AAR

May 24, 2010 1455 Views 0 comment Print

The payments received by the Applicant from the Indian hotel owner for provision of global reservation services (‘GRS’) would be chargeable to tax in India under section 9(1)(i) read with Articles 5 and 7 of the India-Luxembourg DTAA as business income and is attributable to the Applicant’s permanent establishment in India.

You may face Jail if compensation not paid for bounced cheque

May 24, 2010 684 Views 0 comment Print

If a person convicted for issuing a cheque without balance in his bank account is ordered to pay compensation to the payee, he can be sentenced to imprisonment under Section 357(3) of the Criminal Procedure Code, the Supreme Court has held in the case, K A Abbas vs Sabu Joseph. In this case, the court asked the drawer to pay Rs 5 lakh as compensation for issuing a cheque which bounced.

No waiver of pre-deposit condition for sick units

May 24, 2010 531 Views 0 comment Print

The Delhi high court has dismissed the appeal of Swadeshi Cement Ltd against the order of the Debt Recovery Appellate Tribunal asking it to deposit 25 per cent of the dues before moving the court. The creditor, Asset Care Enterprises, had invoked the power under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act against the cement firm.

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