Follow Us:

Archive: January, 2011

Posts in January, 2011

Provides Relaxations in Branch Authorisation Policy

January 27, 2011 511 Views 0 comment Print

In terms of Circular DBOD.No.BL.BC. 65/22.01.001/2009-10 dated December 1, 2009, general permission was granted to domestic scheduled commercial banks (other than RRBs) to open branches in Tier -3 to Tier- 6 centres (with population upto 49,999 as per Census 2001) and in rural, semi urban and urban centres in the North Eastern States and Sikkim, subject to reporting.

RBI notification defining “Small Account" and prescribing rules related to opening of the same

January 27, 2011 862 Views 0 comment Print

These rules may be called the Prevention of Money-laundering (Maintenance of Records of the Nature and Value of Transactions, the Procedure and Manner of Maintaining and Time for Furnishing Information and Verification and Maintenance of Records of the Identity of the Clients of the Banking Companies, Financial Institutions and Intermediaries) Third Amendment Rules, 2010.

Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from TFTS to normal Rolling Settlement- CIR/MRD/DP/ 01 /2011

January 27, 2011 498 Views 0 comment Print

Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to normal Rolling Settlement

Depreciation on assets acquired out of foreign currency loans

January 26, 2011 3795 Views 0 comment Print

The assessee has stated that additions to the fixed assets include loss of foreign exchange rates at the year-end which is added to the written down value of the block of assets. This adjustment pertaining to fixed assets i.e. (premises) acquired in India out of foreign currency loans. The assessee was asked as to why such claim should not be disallowed. The assess

The CIT must give reasons and basis for his conclusion that the order sought to be revised is erroneous

January 26, 2011 603 Views 0 comment Print

The assessee is mainly engaged in the business of rendering rating, advisory, and research and information services, and the assessee also has a unit registered under the software technology park scheme which is granted approval for “development and export of computer software, information technology and enabled services”. During the course of asse

Profit on frequent purchase and sale of shares in short period by assessee has to be treated as `income from business’

January 26, 2011 1021 Views 0 comment Print

The activity of frequent buying and selling of shares over a short span of period has to be treated as business being adventure in the nature of trade and the income has to be treated as business income and not as capital gain.

Payment made for renewal of DOT licence should not fall under section 35ABB as it would fall more appropriately u/s 37

January 26, 2011 2813 Views 0 comment Print

The DOT licence fee paid by assessee is not in the nature of capital expenditure falling under section 35ABB, but the same is revenue in nature, allowable under section 37(1)

Just because creditors/share applicants could not be found at address given, it would not give Revenue the right to invoke section 68

January 26, 2011 1455 Views 0 comment Print

Though in Section 68 proceedings, the initial burden of proof lies on the assessee yet once he proves the identity of the creditors/share applicants by either furnishing their PAN number or income tax assessment number and shows the genuineness of transaction by showing money in his books either by account payee cheque or by draft or by any other mode, then the onus of proof would shift to the Revenue.

Roaming charges paid by telecom service providers not in nature of ‘rent’ which attracts withholding tax

January 26, 2011 2359 Views 0 comment Print

On the issue of whether such payments are, alternatively, in the nature of fees for technical services (FTS), liable to tax withholding under any other provision of the ITL, the Mumbai ITAT restored the matter to the Tax Authority for fresh adjudication in the light of the Supreme Court’s (SC) directions in the case of Bharti Cellular Ltd. Hi (Bharti ruling). In this ruling, the SC was concerned with the issue of applicability of withholding tax on interconnection charges paid by one telecom operator to another, on the basis that it constituted FTS. The SC, noting that FTS has been given a restrictive meaning by several High Courts (HC) and ITATs, had referred the matter back to the Tax Authority for fresh adjudication, by taking into account an expert’s opinion on whether any human intervention is actually involved in such transactions.

Upon amalgamation rights of amalgamating company devolve upon amalgamated company

January 26, 2011 10889 Views 0 comment Print

The Supreme Court has, on facts of the case, upheld the decision of Madras High Court that from the scheme of amalgamation becoming effective, proceedings in which the transferor company was a party be continued and enforced by or against the transferee company in the same manner and to the same extent as it could be or might have been continued and enforced by or against the transferor company as if the scheme had not been made. In other words, when a transferor company stands dissolved (with or without winding up) due to amalgamation, its right under the decree for eviction devolves on the transferee company.

Search Post by Date
June 2026
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930