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Archive: 2010

Posts in 2010

CBT may fix Interest rate at 8.50% on Employee Provident Fund for financial year 2010-11

April 10, 2010 679 Views 0 comment Print

Over 4.7 crore (47 million) employees are likely to get an interest of 8.5 per cent in 2010-11 on their provident fund deposits of about Rs 2.5 lakh crore (Rs 2.5 trillion), a return authorities have been giving for the past five years. The decision is likely to be taken on Friday at the meeting of the Central Board of Trustees (CBT), the apex decision making body of the Employees Provident Fund Organisation (FPFO), turning down the trade unions’ demand for 8.75 per cent as it would result in huge deficit.

Highlights Of e- Filing Season A.Y. 09-10 (up to 31/03/2010)

April 10, 2010 441 Views 0 comment Print

Please find below the details of Online Income Tax return filed during the period from 01.04.2009 to 31.03.2010.

DGFT notification 38/2009-2014-Regarding Compulsory registration of cotton yarn export contracts

April 9, 2010 820 Views 0 comment Print

The contracts for export of cotton yarn shall be registered with the textile commissioner prior to shipment, the notification said. Clearance of cotton yarn consignments would be cleared by the Customs after verifying that the contracts have been registered, it added.

Obligation to withhold tax attracted only when the payment to a non-resident is wholly or partially chargeable to tax in India

April 9, 2010 804 Views 0 comment Print

Prasad Production Ltd. (“Taxpayer”) was awarded a contract by the Government of the State of Andhra Pradesh to establish IMAX Theatre at Hyderabad. The Taxpayer entered into an agreement with IMAX Ltd., Canada for purchase of the system (which included supply of equipment, installation, testing and initial training) as well as transfer of technology. As per the agreement, the total consideration for purchase of the system was US$ 1,365,000 and US$ 950,000 was towards technology transfer fee.

ICAI asked for exclusion of land value from proposed service tax on the realty sector

April 9, 2010 408 Views 0 comment Print

Accounting regulator ICAI has called for excluding land value from the proposed service tax on the realty sector, saying land is a state subject. “When a prospective buyer makes an advance payment to the builder against booking of a specified unit in a building, that part also includes a price towards the land on which the building is being constructed and treating the entire amount being paid by the prospective buyer to the builder would amount to imposing a tax on transfer of land which is a state subject,” ICAI said.

Tax planning is valid. As McDowell (5 judges) has been explained in Azadi Bachao (2 judges), the latter is binding

April 9, 2010 1005 Views 0 comment Print

The assessee purchased US-64 Units of the UTI in May 1990 for Rs. 3.75 crs, received dividend thereon of Rs. 45 lakhs and sold the units in July 1990 for Rs. 3.25 crs. The assessee claimed that deduction u/s 80M was available on the dividend and that a short-term capital loss of Rs. 51.61 lakhs on purchase and sale of units was allowable.

Penalty: Welcome judgement from Hon’ble Supreme Court

April 9, 2010 6699 Views 0 comment Print

If the Assessing officer or Commissioner (Appeals) in the course of any proceedings under the Act is satisfied that any person has concealed the particulars of his income or furnished inaccurate particulars of such income, then he can direct that such person shall pay by way of penalty u/s. 271(1) (c), a sum not less than 100% but not exceeding 300% of the amount tax sought to be evaded by reason of concealment of his income or furnishing inaccurate particulars of his income.

SEBI : Allocation of debt investment limits to FIIs

April 9, 2010 619 Views 0 comment Print

A copy of this circular is available at the web page “F.I.I.” on our website sebi.gov.in. The custodians are requested to bring the contents of this circular to the notice of their FII clients.

Summary of recent Amendments to the Equity Listing Agreement

April 9, 2010 621 Views 0 comment Print

Securities and Exchange Board of India [SEBI] has, on 5 April 2010, directed Stock Exchanges [SE] to amend the Equity Listing Agreement [LA]. The amendments to LA puts in place of earlier decisions of SEBI Board meetings held on 22 September 2009 and 9 November 2009 and are applicable to companies listed on SE in India. The highlights of the amendments to LA are as under:

Company law – judicial interpretation Transfer of shares of a public company

April 9, 2010 1527 Views 0 comment Print

In a recent judgment of Western Maharashtra Development Corporation Limited vs. Bajaj Auto Limited, the Bombay High Court has held (among other things) that in case of a “public company”, its shares are freely transferrable under the Companies Act, 1956 (the Act) even if the Articles of Association (the Articles) contain restrictive provisions relating to transfer of shares.

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