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Archive: 15 April 2011

Posts in 15 April 2011

Trai recommends tax benefits to telecom infra firms

April 15, 2011 1181 Views 0 comment Print

The Telecom Regulatory Authority of India (Trai) has recommended that telecom infrastructure be considered as general infrastructure and make tax benefits available to the sector. “In view of the growing importance of the telecom infrastructure in the development of the country, the need for creating a conducive environment for the development of the infrastructure in the country cannot be overemphasised,” Trai said in its Telecommunications Infrastructure Policy recommendations.

SC to Vodafone – Appear before IT in tax case

April 15, 2011 510 Views 0 comment Print

The Supreme Court today directed UK-based telecom major Vodafone to appear before the Income Tax Department which had instructed the company to pay penalty in the USD 2 billion tax case relating to the telecom major’s stake purchase in Hutchison-Essar. A three-judge bench headed by Chief Justice S H Kapadia asked the company to file its representation before the IT department.

RBI fixes reference rates for US dollar and euro

April 15, 2011 516 Views 0 comment Print

The Reserve Bank of India (RBI) today fixed the reference rate for the US dollar at Rs 44.52 per dollar and the euro at Rs 64.41 per euro, as against Rs 44.48 per dollar and Rs 64.42 per euro on April 13. In a press release issued by the RBI, the exchange rates for the pound and yen against the rupee were quoted at Rs 72.7167 per pound and Rs 53.48 per 100 yen, based on reference rates for the US dollar and cross-currency quotes at noon.

Where assessee entered into agreement with its clients for development of software and agreed to give up all rights and claims of software to be developed, such contract was not for sale of any software but contract for service simplicitor

April 15, 2011 1892 Views 0 comment Print

Section 65(53a) of the Finance Act, 1994, read with section 4 of the Karnataka VAT Act, 2003 – Information Technology Service – April, 2009 to March, 2010 – Assessee entered into agreements with its clients for development of software – Asses see provided its staff who were well-trained in field and who would develop software according to specification of customer – In terms of agreement even before development of software assessee had given up all rights and claims of software to be developed and had expressly agreed that such a software which may come into existence at end of contract period was absolute property of customer

Why govt can't disclose the name of persons having black money in foreign banks

April 15, 2011 988 Views 0 comment Print

The Centre on Friday declined before the Supreme Court to make public names of the people who have stashed black money in foreign banks. It informed that it is not possible to disclose information received from foreign governments under the Double Taxation Avoidance Agreement (DTAT). The Centre, however, agreed to reveal the names of six persons who had deposited money with the Liechtenstein Bank in Germany and who are being prosecuted by the government authorities.

Regarding exemption to goods falling under Chapter 31 of First Schedule to the Customs Tariff Act, 1975 (51 of 1975)

April 15, 2011 862 Views 0 comment Print

Notification No.35/2011-Customs – Central Government hereby exempts all goods, other than those which are clearly not to be used as fertilisers, falling under chapter 31 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported into India, from so much of the additional duty of customs leviable thereon under sub-section (1) of section 3 of the said Customs Tariff Act as is in excess of 1% ad valorem.

Amendment in Notification No. 21/2002-Customs, dated the 1st March, 2002 vide Notification No. 34 /2011 – Customs

April 15, 2011 1006 Views 0 comment Print

Notification No. 34 /2011 – Customs – Central Government makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 21/2002-Customs, dated the 1st March, 2002, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 118(E) dated the 1st March, 2002,

Supreme Court to hear Vodafone plea for protection penal action by I-T Dept

April 15, 2011 483 Views 0 comment Print

The Supreme Court would hear tomorrow a plea by Vodafone challenging the I-T Department initiating penalty proceedings in the $ 2 billion tax case relating to the company’s stake purchase in Hutchison-Essar. Voadfone’s application would be mentioned before a three judge bench headed by the Chief Justice S H Kapadia. Earlier, the I-T department had issued notice to Vodafone in March saying penal action would be initiated against the British telecom major in the tax case.

Obama seeks tax on wealthy, cuts in public debt

April 15, 2011 468 Views 0 comment Print

With an eye on the 2012 presidential elections, the US President Barack Obama has proposed significant reduction in budgetary deficits through a series of proposals including taxing the wealthy and seeking spending cuts. “In December, I agreed to extend the tax cuts for the wealthiest Americans because it was the only way I could prevent a tax hike on middle-class Americans.

Service Tax – Revised Point of Taxation Rules – Pain of Taxation? Part – I

April 15, 2011 9455 Views 0 comment Print

Even before the PoTR, 2011 see the light of the day, a major surgery was carried out wherein the whole focus for the events determining PoT was shifted to issue of invoice. Notification No. 25/2011 dt. 31st March, 2011 made many changes in the PoTR making it necessary for the SP to sit down and re-do the whole exercise once again. As if the confusions were not enough, Notification No. 26/2011 dt. 31st March, 2011 added few more. This analysis incorporates these amendments. CBEC has been silent on the objectives of making so many amendments so frequently. In order to get the clear picture and deciphering the objectives, an attempt has been made here to analyse Draft PoTR of August, 2010, PoTR before amendment and PoTR after Notification No. 25/2011 together.

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