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Archive: February, 2011

Posts in February, 2011

Budget 2011 – Bridging Gap between Present and Proposed Indirect Tax Structure in India

February 9, 2011 591 Views 0 comment Print

The month of February is always a speculation filled month in India as at the end of the month India receives a Budget for the coming fiscal year. Bearing in mind the proposed overhaul in the tax arena in India, Budget 2011-12 will surely play a cruc

Re-opening of pension option to employees of Public Sector Banks and enhancement in gratuity limits – Prudential Regulatory Treatment

February 9, 2011 856 Views 0 comment Print

Consequent upon the introduction of International Financial Reporting Standards (IFRS) from April 1, 2013 for the banking industry as scheduled, the opening balance of reserves of banks will be reduced to the extent of the unamortised carry forward expenditure.

Customs – Refund – Adjudicating Authority cannot permitted to circumvent the order passed by the High Court

February 8, 2011 1110 Views 0 comment Print

RBF Rig Corporation, Mumbai Versus The Commissioner of Customs (Imports), – Supreme Court – Customs – Refund -Adjudicating Authority cannot permitted to circumvent the order passed by the High Court. High Court directs consideration of refund claim on the basis of essentiality certificate – Adjudicating Authority rejects claim on the ground that assessment not challenged. Article 226 of the Constitution confers powers on the High Court to issue certain writs for the enforcement of fundamental rights conferred by Part-III of the Constitution or for any other purpose. The question, whether any particular relief should be granted under Article 226 of the Constitution, depends on the facts of each case. The guiding principle in all cases is promotion of justice and prevention of injustice. It is not open to the subordinate Tribunal to examine whether a direction issued by the High Court under its writ powers was correct and refuse to carry it out as such amounts to denial of justice and destroys the principle of hierarchy of courts in the administration of justice.

Direction under Section 212(8) of the Companies Act, 1956

February 8, 2011 1297 Views 0 comment Print

annual report of the holding company. The holding company shall furnish a hard copy of details of accounts of subsidiaries to any shareholder on demand

Assessee forced to pay the tax – tax deemed to be paid under protest – Service Tax Refund Claim not barred by limitation

February 8, 2011 3359 Views 0 comment Print

Payment made by the first respondent/assessee was not voluntary and was forced to make the said payment. In such circumstances, the said payment can only be construed as one made under protest. When once the said conclusion based on the above facts are inevitable, then the second proviso to sub section 1 of Section 11B of the Central Excise Act, automatically comes into play.

Appeals filed by Trig Detective Pvt Ltd. restored by Bombay High Court as appellant hands over a Pay Order of the pre-deposit amount of Rs. 3 crores ordered by CESTAT

February 8, 2011 453 Views 0 comment Print

All these appeals are filed against the order of CESTAT dismissing the appeals filed by the appellant mainly on the ground that the appellant has failed to make payment of predeposit amount of Rs.3 crores as ordered by the CESTAT. Counsel for the appellant hands over the pay order for a sum of Rs.3 crores drawn in the name of S.B.I. Service Tax to Ms. Suchitra Kamble , counsel for the Revenue in compliance of the order passed by the CESTAT. Since the order of the CESTAT regarding pre-deposit is complied with, order passed by the CESTAT dismissing the appeals on 12/11/2010/15/11/2010 is quashed and set aside.

Scheme of 1 Percent interest subvention on housing loans up to Rs. 10 lakh

February 8, 2011 421 Views 0 comment Print

While calculating the interest subsidy, each disbursement may be treated as a separate loan and for each disbursement, subsidy claim may be made for twelve instalments. For loans fully disbursed at one stroke, subsidy will be provided upfront on the entire amount of the loan disbursed. Subsidy has to be calculated for 12 months period from the date of disbursement of the loan following the reducing balance of EMI.

Notification No. S.O. 301(E), dated 08/02/2011

February 8, 2011 1119 Views 0 comment Print

NOTIFICATION NO. SO 301(E), DATED 8-2-2011- In exercise of the powers conferred by sub-section (3) of section 211 of the Companies Act, 1956 (1 of 1956), the Central Government, being of the opinion that it is necessary to grant exemption in the public interest, hereby exempts following classes of companies from disclosing in their profit and loss account the information mentioned under column (3), against each class of companies mentioned under column (2) of the table given below subject to fulfillment of the conditions stipulated in paragraph 2 of this notification namely:-

Notification No. S.O. 300(E), dated 08/02/2011

February 8, 2011 748 Views 0 comment Print

NOTIFICATION NO. SO 300(E), DATED 8-2-2011- Central Government, being of the opinion that it is necessary to grant exemption in the public interest, hereby exempts Public Financial Institutions as specified under section 4A of the Companies Act, 1956 from disclosing Investments as required under paragraph (1) of Note (1) of Part-I of Schedule VI in their balance sheet subject to fulfillment of the following conditions, namely:-

Notification No. G.S.R. 70(E), dated 08/02/2011

February 8, 2011 1204 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 641 of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following further amendments in Schedule XIII to the Companies Act, 1956, namely:—

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