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Archive: 2010

Posts in 2010

AAR rules no capital gains on Part IX conversion of firm to company

May 19, 2010 2877 Views 0 comment Print

This Tax Alert summarizes a recent ruling of the Authority for Advance Rulings (AAR) [A.A.R. No. 797 of 2009] in the case of M/s Umicore Finance Luxembourg (Applicant). There was a sale of shares of a company by its shareholders which had received such shares on conversion of a firm into the company, under the provisions of Part IX of the Indian Company Law (ICL).

Duration test’ for determining existence of ‘Construction PE’ need to be applied independently for each contract executed

May 19, 2010 1077 Views 0 comment Print

Recently Mumbai Income Tax Appellate Tribunal in the case of Valentine Maritime Mauritius Ltd (Taxpayer), [2010-TIOL-195-ITAT-MUM] held that the number of days relating to each of the contracts cannot be aggregated to determine the ‘duration test’, as the activities carried out therein are not inextricably interconnected or interdependent and do not form a coherent whole in conjunction with each other.

India, US settled dispute over taxing profits of captive IT services units

May 19, 2010 774 Views 0 comment Print

India has settled a dispute over taxing profits of captive IT services units and research arms of US firms, bolstering New Delhi’s position as a preferred destination of such investments. The negotiated settlement between the tax authorities of the countries allows India to tax 17.5% of the profits earned by Indian subsidiaries of the US companies in 2004-05. India had sought to tax 25-30% of the profits.

SEBI panel to discuss select mutual fund products on May 31

May 19, 2010 375 Views 0 comment Print

A committee of market regulator SEBI will consider the issue of restricting mutual funds from selling an equity product that involves betting on future prices. The SEBI Mutual Fund Advisory Committee is concerned that this is not mutual funds’ core activity and may take a decision on May 31.

Employees Provident Fund to be Modernised

May 19, 2010 636 Views 0 comment Print

A budgetary estimate of Rs. 96 crore has been approved by the Central Board of Trustees, Employees’ Provident Fund (CBT, EPF) for the implementation of the first phase of the ‘Modernization Project’ of the Employees’ Provident Fund Organisation (EPFO) being implemented in collaboration with National Informatics Centre (NIC).

Offer document of Companies should disclose if its directors were directory of company which was suspend from trading at any Stock Exchange for more than 3 months

May 19, 2010 580 Views 0 comment Print

The offer documents of companies raising capital shall contain disclosures from directors if they were directors of any company when the shares of the said company were suspended from trading by Stock Exchange(s) for more than 3 months during last 5 years or delisted.

Section 80-IA(4)(i) of the Income-tax Act, 1961 – Deductions – In respect of profits and gains from infrastructure facility – Clarification regarding widening of existing road –definition of a new infrastructure facility

May 18, 2010 6322 Views 0 comment Print

Circular No.4/2010-Income Tax Section 80-IA(4)(i) provides for a deduction to an undertaking engaged in developing, or operating and maintaining, or developing, operating and maintaining any infrastructure facility subject to satisfaction of the conditions laid down in the Section. The Explanation to sub-section 80-IA(4)(i) states that for the purpose of this clause, infrastructure facility means inter alia

e-filing of I-T returns suspended

May 18, 2010 723 Views 0 comment Print

The Finance Ministry has suspended the facility of e-filing of income tax returns, as security certification for the Income Tax Department’s website is not yet in place. In an official statement here on Monday, the Central Board of Direct Taxes (CBDT) said: “Pending completion of the certification procedure,

Credit History will have impact on your future borrowing

May 18, 2010 894 Views 0 comment Print

Your credit history is accessible to lenders and can affect whether you get a loan on more favourable or more difficult terms, or if you can get a loan at all. Here we share with you details of the changes sweeping the credit landscape in India, why they are important for you and how you can benefit from this.

Prohibition on Export of Non-basmati Rice-exemption regarding

May 18, 2010 646 Views 0 comment Print

Following shall be added at the end of Para 2.1.12 of the Notification No. 93 (RE-2007)/2004-09 dated 1st April, 2008: “2.1.13 With immediate effect, ban on export of Non-basmati rice shall also not be applicable to export of 1,00,000 MTs of non basmati rice (Parboiled) to Bangladesh as follows:

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