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Archive: 2010

Posts in 2010

Provision to Appoint Independent Directors governed by clause 49 of the Listing Agreement not by Companies Act

May 7, 2010 1264 Views 0 comment Print

The Government has said that the Companies Act, 1956 does not provide for appointment of Independent Directors. But, as per clause 49 of the Listing Agreement, all the listed companies are required to appoint Independent Directors. Giving this information in written reply to a question in the Lok Sabha today, the Minsiter for Corporate Affairs,

SFIO Expert Committee, Cases Referred and Investigations by them

May 7, 2010 2121 Views 0 comment Print

Investigations by Serious Fraud Investigation Office :- Serious Fraud Investigation Office (SFIO), functioning under the Ministry of Corporate Affairs, has handled 61 cases for investigation during 2004-05 to 2008-09. Giving this information in reply to a question in the Rajya Sabha, the Minsiter for Corporate Affairs, Shri Salman Khurshid told the House that SFIO

ITR 1, ITR 2, ITR 3, ITR 4, ITR 5, ITR 6, ITR 7, ITR 8 in Excel Word PDF – AY 2010-11

May 6, 2010 131750 Views 0 comment Print

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Tax benefit could not be denied to business restructuring in compliance of Income Tax Provisions

May 6, 2010 729 Views 0 comment Print

In a decision that will help corporates restructure businesses, the Chennai bench of Income-tax Appellate Tribunal (ITAT) has held that tax benefit could not be denied to business restructuring, if the exercise fulfills all the conditions mentioned under the Income-Tax Act.

Residential flat prices will go up by 4% on Service Tax and Vat

May 6, 2010 579 Views 0 comment Print

Prices of residential flats are likely to go up by 4% in a couple of months, notwithstanding the recent relaxation in the service tax. The latest Union Budget had imposed a 3% service tax on builders, while the state would impose VAT of 1% on a flat’s price.

Thane I-T Commissioner Aniruddh Rai applied for anticipatory bail in Rs 1.80 crore bribery case

May 6, 2010 2158 Views 0 comment Print

Additional I-T commissioner Sumitra Banerji and her husband Subrato, who were arrested in a Rs 1.80 crore bribery case registered by CBI three weeks ago, will spend some more time in jail, as their bail plea was rejected on Wednesday.

Person in control of Company is vicariously liable for an offence committed by a company under SEBI Act; he need not necessarily be a Director of that company

May 6, 2010 1107 Views 0 comment Print

This is a petition under Section 482 of the Code of Criminal Procedure, for quashing criminal complaint filed by the respondent against the petitioner under Sections 24(1) and 27 of the Securities and Exchange Board of India Act, 1992. Quash

Income earned by NRI from his employment in USA can not be taxed in India

May 6, 2010 1521 Views 0 comment Print

In the light of the foregoing, the question is answered in the negative. To elaborate, the applicant being a non-resident during the previous year 2008-09, the income earned by him from his employment in USA can not be taxed under Income-tax Act, 1961.

RoC expected to initiate legal proceeding against Subhiksha officials for Violation of Companies Act Provisions

May 6, 2010 1201 Views 0 comment Print

The corporate affairs ministry is tightening the noose around retail companies — a sector which has been left largely untracked due to the absence of a designated sectoral regulator.

Department has to analyse process of "duplication" of software undertaken by assessee to determine nature of royalty payment

May 6, 2010 660 Views 0 comment Print

These two civil appeals are filed by the Department against the order dated 2nd September, 2008, of the Gujarat High Court refusing to formulate, inter alia, the following question of law: “Whether the Income Tax Appellate Tribunal, in the facts and circumstances of this case, was right in confirming the order passed by the Commissioner of Income Tax (Appeals) deleting the additions made by the Assessing Officer on account of

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