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Archive: 18 May 2011

Posts in 18 May 2011

Live Course on Appeal, Pleading & Drafting under GST by CA Sachin Jain

May 15, 2024 6501 Views 0 comment Print

oin us for an immersive live course led by renowned expert CA Sachin Jain, as we delve into the intricacies of appeal, pleading, and drafting under GST.

Public Notice No. 47 (RE-2010)/2009-14, Dated: 18.05.2011

May 18, 2011 787 Views 0 comment Print

With effect from the date of this Public Notice, the Actual User condition will not be mandatory under imports of all items under TRQ Scheme.

Clarifications on prosecution provisions under Service tax laws

May 18, 2011 4166 Views 0 comment Print

Prosecution provisions (for specified offences) were a part of Chapter V of Finance Act, 1994 (the Act) introduced in 1994. However, with expansion of Service tax laws in 1998, these provisions were deleted. Budget 2011 (with effect from 8 April 2011) re-introduced prosecution provisions for offences like rendition of services without raising invoices, availment of Cenvat credit without receipt of inputs/ input services, etc. Non-issuance of invoice 9 (Section 89 (1) (a) of the Act) Availing and utilising Cenvat Credit without receipt of service (Section 89 (1) (b) of the Act)

Issue of TDS Certificates Form 16A downloaded from TIN Website

May 18, 2011 23414 Views 0 comment Print

CBDT CIRCULAR NO-03/2011, Dated: May 13, 2011 Section 203 of the Income-tax Act 1961 (“the Act”) read with the Rule 31 of the Income-tax Rules 1962 (“the IT Rules”) provides for furnishing of certificate of tax deduction at source (TDS) by the deductor to the deductee specifying therein the prescribed particulars like amount of TDS, permanent account number (PAN), tax deduction and collection account number (TAN), etc. The relevant form for such TDS certificate is Form No.16 in case of deduction under section 192 and Form No.16A for deduction under any other provisions of Chapter XVII-B of the Act. TDS certificate in Form No.16 is to be issued annually whereas TDS certificate in Form No.16A is to be issued quarterly.

Summary of the latest regulations governing combinations under the Competition Act, 2002 notified on 11 May 2011

May 18, 2011 1916 Views 0 comment Print

The much debated Regulations governing combinations have been finally notified by the Government on 11 May 2011.  These Regulations shall come into force on 1st day of June, 2011. This article summarizes key provisions of the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (Regulations) relating […]

Powers of Excise and Taxation Inspectors enhanced till 31st December 2011 to make it almost at par with ETOs in Punjab

May 18, 2011 4334 Views 0 comment Print

The powers of Excise and Taxation inspectors in Punjab have been enhanced till 31st December 2011. The Excise and Taxation Inspectors have been appointed as designated officers u/s 11,13,14,26,27,28,29,30,31,32, 36, 38, 39, 40,41,45, 46,47, 48, 49, 52,53,54,55,56, 57, 58,59, 60, 66,76,77 and 83 till December 2011.

Delhi HC Rules – Learner’s licence not valid to claim compensation

May 18, 2011 10467 Views 0 comment Print

New India Assurance Co. Ltd. vs Manjit Singh & Ors. on 18 May, 2011 – An insurance company would not be liable for payment of compensation in a motor vehicle accident if the driver had been transporting passengers on a learner’s licence, the Delhi High Court held in the case, New India Assurance Ltd vs Manjit singh. However, the company has to pay the decreed amount to the claimants first and then recover it from the driver and owner of the offending vehicle, the judgment said. In this case, a woman died when an auto rickshaw turned turtle due to rash and negligent driving. One of the issues raised was whether the insurance company would be absolved from the liability to pay. The company argued that the driver and owner had violated the terms of the insurance policy by allowing the vehicle to be driven by one without proper and valid licence. The high court ruled that transporting passengers on a learner’s licence, without being accompanied by a licensed driver, would be violation of the insurance policy and the insurer was not liable to pay the compensation amount.

Power of Municipal Corporation to Regulate/control over construction of Telecom Towers?

May 18, 2011 5944 Views 0 comment Print

Cellular Operators Association of India & Ors. Versus Municipal Corporation of Delhi.(Delhi High Court) – The challenge by the petitioners is primarily to the fee prescribed for grant of permission. However, certain other terms and conditions imposed are also challenged. It is the contention of the petitioners that imposition of fee and any other condition for installation of towers is beyond the purview of the jurisdiction of MCD. The writ petitions were accompanied with applications for interim relief.

Certification of e-Forms under the Companies Act, 1956 by practicing professionals – Corrigendum to Circular No. 14/2011 dated 08th April, 2011

May 18, 2011 1258 Views 0 comment Print

The undersigned is to draw the attention on the Circular No. 14/2011 dated 08.04.2011 of this Ministry on the subject cited above. The following errata has been noticed which is rectified as under:- In the said circular in line 4 (Four) of Paragraph 2, the words should be inserted “including filing of Financial Statements in the Extensible Business Reporting Language (XBRL) mode from the year 2011-12 onwards” after the words “MCA in electronic mode”.

Enhancement of Rates of Provisioning for Non-Performing Assets (NPA) and Restructured Advances

May 18, 2011 3586 Views 0 comment Print

Advances classified as sub-standard will attract a provision of 15 per cent as against the existing 10 per cent. The “unsecured exposures” classified as sub-standard assets will attract an additional provision of 10 per cent, i.e., a total of 25 per cent as against the existing 20 per cent. However, “unsecured exposures” in respect of Infrastructure loan accounts classified as sub-standard, in case of which certain safeguards such as escrow accounts are available as indicated in our circular DBOD.No.BP.BC.96/08.12.014/2009-10 dated April 23, 2010, will attract an additional provision of 5 per cent only i.e. a total of 20 per cent as against the existing 15 per cent. RBI 2010-11/529 DBOD.No.BP.BC. 94/21.04.048/2011-12

Addition of Municipal Corporation of Delhi (MCD) as preshipment inspection agency for export of meat

May 18, 2011 763 Views 0 comment Print

Export of canned meat products shall be subject to preshipment inspection either by the State Directorate of Animal Husbandry or Export Inspection Agency or Directorate of Marketing and Inspection Government of India or Municipal Corporation of Delhi(MCD) in accordance with either the standards prevalent in the exporting country or standards prescribed under the Meat Food Products Order, 1973.

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