Speedy resolution of tax disputes and certainty in tax aspects has been a long-standing demand of foreign companies doing business with/in India. The Indian Government finally reacted to this demand and announced alternate dispute resolution mechanism in the form of a Dispute Resolution Panel (DRP) in the last budget.
It has come to the notice of the Institute that an email is being circulated amongst the members alleging the Institute and its Past President CA. Ved Jain for purchasing the computers against the practices of Good Governance in order to tarnish their image.
ITAT Ruling: The Tribunal held that the Transfer Pricing Officer cannot exceed his limitation by following any method to determine the arm’s length price which is not authorized by the Income Tax Act or the Income Tax Rules [CA Computer Associates Pvt. Ltd. V. DCIT (2010-TIOL-68-ITAT-MUM)].
The petitions maintained at Jaipur High Court & Andra High courts praying for restraining the new council to take over have been dismissed by the respective Honorable courts. Now there is no hurdle at present in taking over charge of the institute affairs from 12th February 2010.
The Thirteenth Finance Commission was constituted by the President on 13th November, 2007 to give recommendations on specified aspects of Centre State fiscal relations during 2010 -2015. The Commission has submitted its report covering all aspects of its mandate on 30thDecember, 2009.
Click here to Know your Unique Code Number for Bank Branch Auditors’ Panel for the year 2009-2010. For more details click below:- http://www.meficai. org/new_unique_ codes.jsp
TDS on transport contractors :-Finance Act 2009 has made an important change in respect of applicability of TDS on transport contractors. Section 194C has been replaced and the following two sub sections provide for non deduction of TDS on transport contractors.
Interest not to be allowed as deduction from income. – Notwithstanding anything contained in the Income-tax Act, 1961, the amount of interest payable or paid by any buyer, under or in accordance with the provisions of this Act, shall not, for the purposes of computation of income under the Income-tax Act, 1961, be allowed as deduction.
Where on account of the transfer of an employee from one place to another, he is provided with accommodation at the new place of posting while retaining the accommodation at the other place, the value of perquisite shall be determined with reference to only one such accommodation which has the lower value for a period not exceeding 90 days and thereafter the value of perquisite shall be charged for both such accommodation.
If an appointment is made illegally or irregularly, the same cannot be the basis of further appointment. An erroneous decision cannot be permitted to perpetuate further error to the detriment of the general welfare of the public or a considerable section of the public, the SC observed while allowing the appeal, Union of India vs Kartick Chandra Mondal. In this case, some persons who were casual employees working in a government department between 1981 and 1983 were ordered to be re-engaged by the administrative tribunal.
