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Archive: 2010

Posts in 2010

CST Act – C Forms can be submitted even at appellate stage

February 9, 2010 54489 Views 61 comments Print

Under section 8(1) of the Central Sales Tax Act 1956 an Interstate sale to a registered dealer can be made at the concessional rate of Central sales tax i.e. @2% existing at this time. But for claiming concessional rate of CST the seller needs to produce a declaration in the prescribed form duly filed and signed by the registered dealer in a prescribed form obtained from a prescribed authority.

RBI issued Prudential Guidelines on Capital Charge for Market Risks

February 8, 2010 1854 Views 0 comment Print

As you are aware, the Basel Committee on Banking Supervision (BCBS) had issued an amendment to the Capital Accord in 1996 to incorporate market risks. As an initial step towards prescribing capital requirement for market risks, Urban Cooperative Banks (UCBs) were advised to assign an additional risk weight of 2.5% on almost the entire investment portfolio.

Master Circular – Prudential Guidelines on Capital Adequacy and Market Discipline – New Capital Adequacy Framework (NCAF)

February 8, 2010 937 Views 0 comment Print

New Capital Adequacy Framework (NCAF), issued vide Master Circular DBOD No. BP.BC.21//21.06.001/2009-10 dated July 1, 2009 has been updated in line with the changes made by the Basel Committee on Banking Supervision (BCBS) to the Basel II Framework. The additions have been indicated in bold italics and deletions in bold strikethrough.

Custom circular amending notification No.21/2002-Customs, dated 1st March, 2002

February 8, 2010 817 Views 0 comment Print

on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 21/2002-Customs, dated the 1st March, 2002, which was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 118(E) dated the 1st March, 2002

DGFT notification on amendment in Chapter 8 of FTP regarding Mega Power Project

February 8, 2010 643 Views 0 comment Print

However, in regard to mega power projects, the requirement of ICB would not be mandatory, if the requisite quantum of power has been tied up through tariff based competitive bidding or if the project has been awarded through tariff based competitive bidding.

DGFT notice on Amendment in Appendix 22 C and Appendix 27 regarding Mega Power Projects

February 8, 2010 1425 Views 0 comment Print

That supply of goods under the contract made to mega power project in India is under the procedure of ICB or requisite quantum of power has been tied up through tariff based competitive bidding or project has been awarded through tariff based competitive bidding in accordance with the provisions of paragraph 8.2 and 8.4.4(iv) of FTP, and the import content of the order is Rs………………(Figures and words).

RBI’s approval does not put a seal of approval on true character of a transaction from perspective of transfer pricing regulation

February 7, 2010 531 Views 0 comment Print

These appeals by the assessee are directed against the separate orders of the CIT(A) for the respective assessment years. Since the issues involved in these appeals are common and connected, and these appeals were heard together, these are being consolidated and disposed of together by this common order.

Recourse to the power under Section 147 cannot be sustained on a mere change of opinion

February 7, 2010 972 Views 0 comment Print

The admitted position before the Court, on the basis of the material on the record, is that by the notice under Section 148 issued on 30th November 2009, the assessment pertaining to the year 2002 ­03 was sought to be reopened after the lapse of four years. Section 147 postulates inter alia that if the Assessing Officer has reason to believe

Co-operative Bank entitled to deduction U/s 80P(2)(a)(i) on amount of interest received U/s 244A on Income tax Refund

February 7, 2010 3260 Views 0 comment Print

We have heard the arguments put forth by both the sides along with the case law relied upon. Having held above that the interest on income-tax refund does not fall under the head `Profits and gains of business or profession’, it remains to be examined as to whether deduction u/s.80P is restricted only to the income falling under this head

EPCG Scheme- Section 15(1)(b) would be applicable only when the goods are cleared from the warehouse u/s. 68 of the Cust

February 7, 2010 2630 Views 0 comment Print

Section 15(1)(b) would be applicable only when the goods are cleared from the warehouse under Section 68 of the Act, i.e., within the initially permitted period or during the permitted extended period. It is trite to say that when the goods are cleared from the warehouse after the expiry of the permitted period or its permitted extension, the goods are deemed to have been improperly removed under Section 72(1)(b) of the Act, with the consequence that the rate of duty has to be computed according to the rate applicable on the date of expiry of the permitted period under Section 61.

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