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Archive: 2010

Posts in 2010

Income tax provisions related to Transfer pricing and arms length price

March 11, 2010 1009 Views 0 comment Print

The Finance Act, 2001 substituted section 92 with a new section and introduced new sections 92A to 92F in the Income-tax Act, relating to computation of income from an international transaction in order to facilitate the computation of reasonable, fair and equitable profits and tax in India in the case of businesses carried on by multinational companies. The transfer pricing provisions are in line with those stipulated by OECD. However there is a difference that the Indian legislation does not permit the use of unspecified method to compute arms length price as permitted in OECD guidelines.

Existing taxation provision of Long term capital gains may continue in DTC

March 11, 2010 646 Views 0 comment Print

The government is likely to maintain the distinction between short term and long-term capital gains to encourage long-term savings, as it deliberates the draft direct taxes code. The finance minister said in his Budget speech that the new direct taxes law could be rolled out from April 1, 2011. The government is veering around to the view that the existing regime with regard to taxation of capital gains should be continued, a finance ministry official privy to discussions told.

Tax planning to be done once Exempt Gratuity Limit Increase to 10 Lakh

March 11, 2010 2127 Views 0 comment Print

With the government raising the gratuity limit, it makes sense to negotiate for a higher basic salary to ensure a better payout. The Union cabinet’s decision to raise the tax-free gratuity limit from Rs 3.5 lakh to Rs 10 lakh is likely to become a tool for companies to retain employees.

Convergence with International Financial Reporting Standards

March 11, 2010 555 Views 0 comment Print

The Government has informed Lok Sabha that the Government has adopted the approach of convergence of Accounting Standards issued under the Companies Act, 1956 with the International Financial Reporting Standards (IFRS), keeping in view the requirements relevant to Indian conditions and to enable Indian companies and concerned regulatory bodies to transform to the new standards smoothly.

No proposal for any upper cap on the number of independent directors: Union Government

March 11, 2010 567 Views 0 comment Print

The Companies Bill, 2009 has not proposed any upper cap on the number of independent directors, but, sub-clause (3) of clause 132 of the Companies Bill, 2009 provides that at least one-third of total directors shall be independent directors to be appointed in every listed company having certain amount of paid up capital to be prescribed by the Central Government.

The number of pending cases in CBI decline

March 11, 2010 729 Views 0 comment Print

The main reasons for the pendency are, time taken in collection and scrutiny of voluminous documents, examination of large number of witnesses, scientific and forensic examination of exhibits, obtaining expert advice and shortage of officers at the level of Supdt. of Police, Dy.SP etc.

20 IITS to be set up during 11th Plan to overcome manpower shortage

March 11, 2010 624 Views 0 comment Print

Although, the proposal is for setting up all twenty IIITs in Public Private Partnership (PPP) mode, since industry participation may not be forthcoming in some States like in the North East, it is proposed that IIITs in the North East may be set up by the Central Government with contributions from Ministry of Development of North Eastern Region (DONER).

Vigilance cases against 54 all India Service Officers in 2009

March 11, 2010 282 Views 0 comment Print

The CVC does not issue sanction for prosecution. However, the Commission advised sanction for prosecution in the year 2008 and 2009 in 107 and 131 cases respectively. In pursuance of the Commission’s advice, the Competent Authorities have imposed penalties as per details given below:-

Verification Status of PEII, IPCE/ATE, PCE, Final & Final (New Course) for November Examinations

March 11, 2010 760 Views 0 comment Print

# Roll Numbers of candidates where no change in marks found click here All these candidates has been intimated by post. Roll Numbers of candidates where change in marks found but there is no change in result or exemption in applied papers found click here Revised statement of marks has been sent.

CBEC instruction on Powers of Commissioner (Appeals) to remand cases

March 11, 2010 6713 Views 0 comment Print

Section 35A(3) of the Central Excise Act, 1944 / Section 128A(3) of the Customs Act, 1962 as it existed before 11.5.2001 provided that Commissioner (Appeals) shall, after making such further enquiry as may be necessary, pass such order, as he thinks just and proper, confirming, modifying or annulling decision or order appealed against or may refer the case back to the adjudicating authority with such direction as he may think fit for a fresh adjudication or decision as the case may be, after taking additional evidence, if necessary.

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