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Archive: January, 2011

Posts in January, 2011

Govt approves new policy for power allocation of CPSEs

January 7, 2011 471 Views 0 comment Print

The government today approved a new policy for allocation of power to be generated by upcoming state-run thermal power plants , earmarking 50 per cent to the home states, while also fixing an overall target generation capacity of 1 lakh MW for the 12

RBI extends deadline to change base rate method

January 7, 2011 456 Views 0 comment Print

The Reserve Bank of India (RBI) today gave banks another six months till June 30 to adopt the new method for computing base rate — below which lenders are not allowed to extend loans. “Banks are permitted to change the benchmark and methodology u

SC set aside levy of anti-dumping duty imposed on imported tyres

January 7, 2011 3410 Views 0 comment Print

The Supreme Court last week set aside the ruling of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) and quashed the levy of anti-dumping duty imposed under a notification dated April 27, 2005. The order was passed in the appeal case, Automative Tyre Manufacturers Association vs Designated Authority (DA). The association represented domestic tyre manufacturing units, who import nylon tyre cord fabric from various countries, including China, as one of their basic raw materials for manufacture of tyres. The tribunal had dismissed the appeals, preferred by the association, Apollo Tyres, J.K. Tyres and Ningbo Nylon of China and confirmed the levy of anti-dumping duty in terms of the notification. It held that taxing is a legislative function and therefore, the DA need not hear the parties before taking action. Overruling this view, the Supreme Court declared that the order passed by the DA “offended the basic principle of natural justice. Therefore, the notification having been issued on the basis of the findings of the DA, who failed to follow the principles of natural justice, cannot be sustained.”

Corrigendum Notification No. G.S.R. 6(E) Dated 6-1-2011

January 6, 2011 919 Views 0 comment Print

In the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 30/2010-Central Excise (N.T) dated the 21st December, 2010 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 997(E), dated the 21st December, 2010, in the Table, against S.No.93A, in column (2), for the entry 8523 read 8523 80 20

Notification No. 01/2011–Customs,dated 6th January, 2011

January 6, 2011 7362 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), and in supersession of the notification of the government of India in the Ministry of Finance

Import of edible / food products – Circular No.3 / 2011-Customs

January 6, 2011 3067 Views 0 comment Print

Attention is invited to Board Circular No.58/2001–Cus dated 25.10.2001 which provides detailed guidelines for examination and testing of food item prior to its testing and clearance by Customs officers under the provisions of Prevention of Food Adulteration Act

Net direct tax collections during April–December, 2010

January 6, 2011 513 Views 0 comment Print

Growth in Corporate Income Tax was 22.07 percent (Rs.2,03,244 crore as against Rs.1,66,503 crore), while Personal Income Tax (including STT, and residual FBT / BCTT) grew at 14.57 percent (Rs.92,295 crore as against Rs.83,178 crore). Growth of Securities Transaction Tax was 11.97 precent (Rs.5,117 crore against Rs.4,570 crore).

If commercial transaction is at ALP, no transfer pricing addition for non-charging of interest on overdue debt can be made

January 6, 2011 741 Views 0 comment Print

A continuing debit balance, in our humble understanding, is not an international transaction per se, but is a result of the international transaction. In plain words, a continuing debit balance only reflects that the payment, even though due, has not been made by the debtor.

Applicability of MAT on Revaluation Reserve

January 6, 2011 10971 Views 0 comment Print

Supreme Court upholding the order of the Delhi High Court, denied reduction from book profit, for the purpose of Section 115JB (Section) of the Indian Tax Law, of the amount withdrawn from revaluation reserve. This is for the reason that such reserve was not added back to the net profit in the year of creation of revaluation reserve (year of creation), in terms of the requirement of the Section.

SARFAESI Act, 2002/Debt Recovery Tribunal – important points to be noted?

January 6, 2011 9141 Views 1 comment Print

The object of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is to regulate Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest and for matters connected

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