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Archive: February, 2011

Posts in February, 2011

Indian banks chase companies to foreign shores

February 6, 2011 429 Views 0 comment Print

As Indian companies farm out across the globe chasing business where they can through a slew of M&As and joint ventures, stodgy Indian banks are spreading following suit, as much to retain clients as to chase profits.

Amendment brought out in Section 40(a)(ia) are clarificatory and retrospective w.e.f 1st April 2005

February 6, 2011 1595 Views 0 comment Print

Business disallowance under section 40(a)(ia) – Payment to resident without deduction of tax-Amendment in section 40(a)(ia) by the Finance Act, 2010-Nature of amendment-Amendment made by the Finance Act, 2010 in section 40(a)(ia) is of clarificatory nature and hence would apply retrospectively from 1-4-2005.

Money advanced to shareholder for specific purpose cannot be treated as deemed dividend under section 2(22)(e)

February 6, 2011 2462 Views 0 comment Print

Deemed dividend under section 2(22)(e)-Money advanced to shareholder for specific purpose-Where the company advanced certain sum to a shareholder for a specific purpose then the amount so advanced cannot be treated as deemed dividend under section 2(22)(e)

Books of Account – Companies Act, 1956 – allegations of mismanagement and connected issues?

February 5, 2011 1915 Views 0 comment Print

Despite the clear regulations in the Companies Act, 1956 as to how every Company should record its transactions, maintain books of account and should submit the approved Financial Statements with the ROC, financial transactions in some closely held companies would be really interesting to note and dealing with the cases of this kind would really be very complicated. The logic behind the settled accounting principles, the provisions of Companies Act, 1956 dealing with maintenance of accounts, Accounting Standards etc., can very easily be understood.

China Forgets European Humiliation-Joins for a New Start

February 5, 2011 432 Views 0 comment Print

Europe has covered the attention of the financial media in the past 6 months. One after the other the financial crisis have triggered fear and fought among the investors across the globe. The stock markets around the world were rattled and sleeps of

Allowability of Set off of brought forward business against the profits on sale of business assets which are assessed to

February 5, 2011 723 Views 0 comment Print

The Tribunal held that income earned by the taxpayer on sale of factory building, plant and machinery although not taxable as “Profit and gains of business or profession” was in the nature of income of business though assessed as capital gains and he

Payments for using segment capacity in a transponder for uplinking/downlinking data not taxable

February 5, 2011 2429 Views 0 comment Print

Delhi High Court in the case of Asia Satellite Telecommunications Co. Ltd. v. DIT held that the payments made for using capacity in a transponder for uplinking/down linking data do not constitute ‘royalty’ under the provisions of the Income-tax Act, 1961 (the Act). The High Court held that the customers did not make payments for the use of any process or equipment, since control over the process or equipment was with the taxpayer and not with the customers.

In case of export of service, relevant date is the date when the payment of service exported has been received by the assessee

February 5, 2011 2579 Views 0 comment Print

Refund – export of services – relevant date – The Commissioner (Appeals) has held that in such a case the relevant date is the date when the payment of service (exported) is received by the assessee not the date when the service is provided. Against that order, Revenue is in appeal on the premise that the relevant date is the date of service tax paid as per Section 11B of Central Excise Act, 1944. – Held that: – it is very much clear in the case of export of service, the relevant date is the date when the payment of service exported has been received by the assessee.

China Comes to Rescue

February 5, 2011 414 Views 0 comment Print

Last year the financial media was busy in covering the growth strategies and the asset bubbles being spooked by the Chinese government over the various asset classes. The world markets was suspecting another round asset bubble burst out which will br

Director's Relatives (Office or Place of Profit) Rules, 2003

February 5, 2011 2993 Views 0 comment Print

In exercise of the powers conferred by clause (b) of sub-section (1) of section 642, read with sub-section (1B) of section 314 of the Companies Act, 1956, the Central Government hereby make the following rules, namely:— 1. Short title and commencement.— (1) These rules may be called Director’s Relatives (Office or Place of Profit) Rules, 2003. (2) They shall come into force on the date of their publication in the Official Gazette.

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