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Archive: 2010

Posts in 2010

Taxpayers can expect faster refunds from I-T department this year

April 1, 2010 528 Views 0 comment Print

Taxpayers can expect faster refunds from the I-T department this year as the ambitious centralised processing centre of the department will start functioning to full capacity.The Bangalore based processing centre of the income tax department has been adding to its technical strength over the months and will include all I-T returns and generate subsequent refunds from across the country in a seamless manner by start of April, a senior tax official said.

Reconstitution of Group for identifying Direct Taxes issues arising from convergence of Indian Accounting Standards (ASs) with International Financial Reporting Standards (IFRSs)

April 1, 2010 462 Views 0 comment Print

In supersession of our earlier communication regarding constitution of the said Group for the year 2009-10, the President, in terms of the authority given to him by the Council at its meeting held on 12th February, 2010, has reconstituted the said Group with the following members :

SEBI allowed mutual funds more time to comply with KYC norms

April 1, 2010 513 Views 0 comment Print

The Securities and Exchange Board of India (Sebi) has given mutual fund (MF) distributors some more time to comply with its latest rules on the know-your-client (KYC) requirement. The regulator has also verbally directed registrars and transfer agents to pay distributors their arrears, wherever the KYC rules have been complied with.

List of Statutory Branch Auditors recommended for appointment in Public Sector Banks – 2009-10

April 1, 2010 798 Views 0 comment Print

“During the year 2009-10, the following 15 PSBs have exercised managerial autonomy in regard to selection and appointment of SBAs, viz. State Bank of India, Allahabad Bank, Bank of Baroda, Bank of India, Bank of Maharashtra, Canara Bank, Central Bank of India, Indian Overseas Bank, Oriental Bank of Commerce, Punjab National Bank, Syndicate Bank, UCO Bank, Union Bank of India, Punjab & Sind Bank and Andhra Bank.

RBI/2009-10/376, A.P. Circular No.45, dated: 01.04.2010

April 1, 2010 802 Views 0 comment Print

I banks may allow remittances by Indian companies for overseas direct investment, after ensuring that the Indian company has obtained necessary licence from the Department of Telecommunication, Ministry of Telecommunication & Information Technology, Government of India to establish, install, operate and maintain International Long Distance Services and also by obtaining a certified copy of the Board Resolution approving such investment.

Technical assistance and technical know-how received by an Indian company from a foreign company for period November, 1998 to December, 2000 is neither taxable u/s 65(31) nor u/s 66A of the Finance Act, 1994

April 1, 2010 462 Views 0 comment Print

As on November, 1998, the word company or firm was not included under definition of section 65(31) and section 66A had come into force w.e.f 18-4-2006, therefore, service tax was not applicable to a foreign company for rendering service in India for the period November, 1998 to December, 2000

Under Sec 260A of Income Tax Act High Court has no power to condone delay in filing appeal

April 1, 2010 1366 Views 0 comment Print

No provision similar to the provision enabling both the CIT(A) and the Tribunal to admit appeals presented beyond the period of limitation if they are satisfied that there was sufficient cause on the part of the appellant for not preferring the appeal within the period of limitation prescribed under the Act is framed in the context of appeals to the High Court under s. 260A.

Gifts- Genuineness of NRE gifts

April 1, 2010 895 Views 0 comment Print

Assessee having failed to prove the identity of the non-resident donors who are said to have gifted substantial amounts to him from their NRE accounts by producing them personally or copies of their passports and also failed to prove the creditworthiness of the said donors, the alleged gifts cannot be treated as genuine, more so since the assessee had no direct relationship with the donors, there was no occasion for making the gifts, and there was no contact between the parties for almost ten years before the time of said gifts.

Interest under s. 220(2) is leviable for default in payment of tax from the date of default till the date of admission of application for settlement by Settlement Commission

April 1, 2010 993 Views 0 comment Print

This has been made clear in the proviso to s. 220(2) as per which where as a result of order under ss. 154, 155 and 245D etc. amount on which interest is payable is reduced the interest would be reduced accordingly. Therefore the interest under s. 220(2) will be legally leviable from the date of default in payment of demand by the assessee till the date of admission of the application by the assessee by Settlement Commission under s. 245D(1).

TDS- Sec 194J – Hospital merely acted as conduit -Doctors did not provide prof service to hospitals

April 1, 2010 1502 Views 0 comment Print

Where a hospital engaged consulting doctors and provided them with consulting chambers with secretaries assistance and the fees collected from out-patients and paid to the consultants each day after deducting certain amount towards rent and secretarial assistance, it was not a case of payment of professional fee and neither s. 192 nor s. 194J was attracted and the hospital cannot be treated as assessee in default for not deducting tax from such payments.

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