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Archive: 06 April 2011

Posts in 06 April 2011

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 24, 2024 6198 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 18, 2024 4818 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

Guidelines on Distance Marketing of Insurance Products

April 6, 2011 1926 Views 0 comment Print

Distance Marketing by Brokers- (i) Insurance brokers shall not exclusively promote the products of any particular insurer, and shall suggest the best available product in the market that fits the needs of the client. (ii) The price comparison charts that are displayed shall be up to date and reflect a true picture of all the available and suitable products under each category. (iii) Insurers shall not pay the brokers any remuneration other than brokerage. No payments by any name shall be made by insurers to brokers or their related parties towards infrastructure or any account other than brokerage on the policies solicited or procured over distance mode. (iv) Insurers shall specifically identify the proposals procured by brokers over distance mode and obtain all relevant records pertaining to such policies. Insurers shall produce such records before the Authority in case of dispute involving alleged violation of breach of conduct by the broker. (v) Brokers may outsource tele-calling activities to Telemarketers.

Taxation of Services – Major Relief

April 6, 2011 2234 Views 0 comment Print

Levy of service tax on railway freight which was supposed to be effective from April 1 has been deferred once again by three more months to July 1, 2011- thanks to our Railways Minister. The historic amendment in levy of service tax by moving from cash basis of taxing services to accrual basis has come into force from April 1, 2011 against all hopes of it getting deferred by three months to July 2011, as announced by the Finance Minister. However , it has come into force but some flexibility has now been provided to taxpayers. All tax payers have been given an option to switch over to accrual basis either form April or July this year, thus offering three months of breathing time to adjust to such system, understand it and make suitable modification in software and accounting methods. It will become mandatory for all taxpayers from July, 2011. Under the new system, service tax would be payable on earliest happening of the three events- completion of provision of service or date of invoicing or date of payment. Till 31st March, it was date of payment which was reckoned to be the date on which service tax became due.

Satyam Computer reaches settlement with SEC

April 6, 2011 585 Views 0 comment Print

Shares of Satyam Computer Services, now Mahindra Satyam, jumped by over 9 per cent in early trade on the BSE today after the company reached a settlement with the US Securities Exchange Commission, which concludes the SEC’s investigation of accounting issues related to the firm. Following the settlement, the scrip of the IT services provider witnessed heavy buying interest and surged by 9.20 per cent to an early high of Rs 77.10 on the Bombay Stock Exchange (BSE).

Service tax – Exercise of revisional jurisdiction u/s. 84(4) when appeal preferred was not permissible

April 6, 2011 2122 Views 0 comment Print

Even higher liability of the assessee had to be treated to be in issue before the Commissioner (Appeals). Thus, exercise of revisional jurisdiction under Section 84(4) of the Finance Act, 1994 when appeal had been preferred was not permissible. The view taken by the Tribunal is consistent with above statutory provision.

Supreme Court sets aside Allahabad Court judgement on tax exemption- U.P. Trade Tax Act, 1948 – Central Sales Tax Act, 1956

April 6, 2011 5779 Views 0 comment Print

Sales Tax – Indirect Tax – U.P. Trade Tax Act, 1948 – Central Sales Tax Act, 1956 – Exemption – Notification No. 1166 dt. 10.4.2000 – Assessee, engaged in the manufacture and sales of various ‘scientific and biological equipments/instruments’, claimed goods sold by it were exempted from tax in view of the notification no. 1166 – Assessing Authority (AO) held that the assessee was not entitled to get exemption under the aforesaid notification and the impugned goods of the assessee were liable to be taxed at the rate of 10% as unclassified goods

If applicant has no layout plan to examine the contentions that the activity carried out by them does not come under the purview of residential complex

April 6, 2011 486 Views 0 comment Print

Ld. Counsel Shri Pahwa argues that the second category of work carried out with M/s. Unitech Machines Ltd., Gurgaon is exhibited by para 34 of the adjudication order at page 94. In this case, the appellant acted as a sub-contractor and tax liability has been discharged by the principal contractor. According to him such aspect remains undisputed by Revenue, in which no liability arose. But this is subject to scrutiny in the course of regular hearing.

Amends Notification No. 12/97-Customs (N.T.), dated the 2nd April, 1997 vide Notification No. 28/ 2011 – Customs (N.T.)

April 6, 2011 328 Views 0 comment Print

Notification No. 28/ 2011 – Customs (N.T.), New Delhi, dated the 6th April, 2011- Central Board of Excise and Customs, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 12/97-Customs (N.T.), dated the 2nd April, 1997, published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii), vide number G.S.R. 193(E), dated the 2nd April, 1997, namely:- In the said notification, in the Table, against serial number 4 relating to the State of Gujarat, in column (3), after item (viii) and the entry relating thereto in column (4), the following item and the entry shall respectively be inserted, namely:-

Indian Accounting Firm Fined $7.5 Million Over Fraud at Satyam

April 6, 2011 1003 Views 0 comment Print

The Indian affiliate of PricewaterhouseCoopers routinely failed to follow the most basic audit procedures, the United States Securities and Exchange Commission said Tuesday as it penalized the firm for its failed audits of Satyam Computer Services, the Indian company that falsely reported more than $1 billion in profits. The S.E.C. and the Public Company Accounting Oversight Board fined the affiliate, PW India, $7.5 million in what was described as the largest American penalty ever against a foreign accounting firm.

New immigration rules to hit Indian professionals in UK

April 6, 2011 708 Views 0 comment Print

Several Indian professionals will be adversely affected by Britain’s new immigration rules that come into effect tomorrow as part of the David Cameron government’s efforts to reduce migration from non-European Union countries. The new immigration regime includes tighter rules for students, limits on skilled professionals and new restrictions on the settlement of migrants who are already in Britain.

SC set aside judgement granting exemption from trade tax to firm engaged in manufacture and sale of scientific and biological equipment used for research purposes

April 6, 2011 750 Views 0 comment Print

Recently Supreme Court set aside the judgement of the Allahabad high court which had granted exemption from trade tax to a firm which was engaged in the manufacture and sale of various scientific and biological equipment used by scientists for research purposes. In the case, Commissioner of Trade Tax vs Kartos International, the revenue authorities demanded 10 per cent tax, but the company challenged it invoking a 2000 notification arguing that it was entitled to the benefit under the Central Sales Tax and also because it was engaged in inter-state sales made to various government institutions. The Supreme Court ruled that the company was not entitled to the benefit as the notification covered maps, educational charts, mechanical drawings and biology equipment used in schools and colleges. Goods used by research institutions are not eligible for the tax benefits, the court ruled.

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