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Archive: January, 2011

Posts in January, 2011

UK Minister has 'serious concerns' over Big Four's audit dominance

January 30, 2011 408 Views 0 comment Print

THE GOVERNMENT’S employment minister has ‘serious concerns’ over a lack of competition in the audit market, and has urged company audit committees and shareholders to encourage companies to use accountants outside the Big Four firms to improve choice in audit services. Ed Davey, who is also minister for consumer and postal affairs, yesterday told a House of Lords inquiry into the audit industry that using regulation to improve choice within audit services was not the government’s ‘first approach,’ but did not rule out this out should other approaches fail.

Right of nominee to exclusion of others

January 30, 2011 2496 Views 0 comment Print

Mr. X. held certain shares in dematerialized account with a depository. Mr. X executed nomination in the prescribed form following the prescribed procedures in favor of his nephew (Mr Y). Upon the demise Mr. X, wife of Mr. X (say Mrs. X) filed a suit claiming an interest in those shares as a legal heir and representative. The Bombay High Court interpreted provisions of Section 109A of the Companies Act (Nomination of Shares), the Depositories Act and the bye law 9.11 of National Securities Depository Limited [NSDL] and held that where a shareholder of a company executes valid nomination form in the prescribed manner, upon death of the shareholder (i.e. Mr. X), the rights in shares including ownership rights vests in the nominee (Mr. Y) to the exclusion of other person (i.e. Mrs. X). The High Court further held that the bye law 9.11 of NSDL makes the nominee’s position superior to even a testamentary disposition and that the non obstante clause in bye law no. 9.11.7 gives the nomination the effect of the testamentary disposition itself.

Order of Court approving amalgamation is a “conveyance” and an “instrument” on which stamp duty is payable

January 30, 2011 2985 Views 0 comment Print

The Delhi High Court has inter alia held in the case of Delhi Towers Ltd. V. G.N.C.T. of Delhi [2010] 159 Comp Cas 129 (Del) that an order passed by the Court in terms of the provisions of Section 391 read with Section 394 of the Companies Act 1956 approving a scheme of amalgamation of companies is “conveyance” under Section 2(10) of Indian Stamp Act 1899 [ISA]. The High Court further held that such approved scheme of amalgamation would be an “instrument” under Section 2(14) of the ISA chargeable to stamp duty.

Analysis of Amendments to SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009 [ICDR Regulation]

January 30, 2011 4422 Views 0 comment Print

Definition of ‘Qualified institutional buyer’ and ‘Retail individual investor’ • Insurance funds set up and managed by the Department of Posts, India have been given the status of Qualified Institutional Buyers [QIBs]. Accordingly, Postal Li

Regulatory Framework Governing Core Investment Companies Issued by RBI- An Analysis

January 30, 2011 1706 Views 0 comment Print

A Non-Banking Financial Company (‘NBFC’) is a company registered under the Companies Act, 1956 and is engaged in the business of loans and advances, acquisition of shares/stock/bonds/debentures/securities issued by Government or local authority or other securities of like marketable nature, leasing, hire-purchase, insurance business, chit business but does not include any institution whose principal business is that of agriculture activity, industrial activity, sale/purchase/construction of immovable property.

Goodwill paid for commercial rights in the form of knowhow, technical information, etc. are eligible for depreciation

January 30, 2011 957 Views 0 comment Print

Though the High Court was dealing with a contention that the depreciation on goodwill could be a possible view and agreed with that view, the decision highlights that it may be possible to claim depreciation on goodwill where the facts demonstrate t

Outstanding receivables from international transactions held to be within the jurisdiction of TPO

January 30, 2011 1908 Views 0 comment Print

By considering the potential loss on the long standing receivables as a genuine adjustment in the course of assessment, the Tribunal has reinforced the principles that the concept of TP cannot be that of an exact science and that constant application

CCIT Personally Responsible For Timely Filing Of Appeals – CBDT Chairman

January 30, 2011 477 Views 0 comment Print

As you are aware, the Apex Court of the country has time & again expressed its anguish & annoyance over the delayed filing of SLPs as also appeals in the High Courts. In some cases, such delay is inordinate. The inordinate delay is more pronounced in

Income Tax officials to raid Katrina Kaif's bank locker

January 30, 2011 862 Views 0 comment Print

Bollywood actresses Katrina Kaif and Priyanka will face more troubles as the IT department officials all set to raid their bank lockers. Sources reported that officials will continue investigation on tax recordes of these actresses. Earlier on Monday

VAT implications on Intra State Stock Transfer – Life after Delhi High court decision in Havell’s and ITC

January 30, 2011 10822 Views 3 comments Print

Stock transfers to a branch or consignee have been the norms of trade in both pre and post VAT regime. Further, Stock Transfer can be both inter-state and intra-state. · Various businesses contemplate options of selling the goods to another

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