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Archive: 20 May 2011

Posts in 20 May 2011

UN expert lauds UK limits on vulture funds that prey on poor nations’ debt

May 20, 2011 534 Views 0 comment Print

A United Nations human rights expert today welcomed the United Kingdom’s decision to limit lawsuits from so-called vulture funds that prey on the debts of the world’s poorest nations, and asked that the initiative be extended to cover the country’s overseas territories and dependencies.

No disallowance can be made u/s. 14A if assessee has no tax-free income

May 20, 2011 3039 Views 0 comment Print

Siva Industries & Holdings Ltd vs. ACIT (ITAT Chennai) -Once there is no claim of income which does not form part of the total income under the Act, there cannot be any disallowance in relation to an investment which may or may not give rise to any Oincome which does not form part of the total income. In the present case it is noticed thatnone of the investments made by the assessee has generated any dividend income which has been claimed by the assessee ato be not to form part of the total income. In the circumstances, as it is noticed that the assessee does not have any income which does not form part of the total income nor has the assessee made such a claim, we are of the view that no disallowance under sec. 14A can be made on the assessee for the relevant assessment year.

Maharashtra Vat On Fabric – Fresh Confusion from 1st May 2011

May 20, 2011 7284 Views 0 comment Print

Ever Since the rate of excise duty on fabric under Additional Duties of Excise (Goods of Special Importance)(AED-GSI) Act, 1957 was lowered to NIL % w.e.f._01-03-2006 it was widely perceived by the Textile Industry (Fabric) that the levy of state VAT on fabric is now just a matter of time, particularly when this AED levy on fabric was in lieu of state sales tax (VAT). However, the State Government just could not levy VAT on Fabric because though the rate of AED-GSI was lowered to NIL%, the items of fabric continue to remain listed in the Schedule to the AED-GSI ACT. What is the importance of this listing in Schedule to the AED-GSI Act 1957 ?.

Service Tax- Sub-contractors for the infrastructure sector

May 20, 2011 6774 Views 0 comment Print

CBEC vide Circular No. 138/07/2011-ST dated 6 May 2011 has yet again clarified that a Sub-contractor providing its services has to be classified under the taxable service category which gives the most specific description and not to the taxable service category which gives a general description and accordingly services provided by the Sub-contractor would be subject to service tax. It may be noted that exemption to a Sub-contractor would still be available if the service provided by them is classified under the taxable service category i.e. WCS, notwithstanding that services are provided to the Main-contractor or to the project.

Understanding Transfer Pricing With Latest Case Laws

May 20, 2011 3663 Views 0 comment Print

Data of the rate charged to unrelated parties should be available. 01. Transfer Pricing provisions are not attracted in the case of transfer of the shares of the company when due to DTAA provisions, capital gain on such shares are not taxable. 02. TNM method requires comparison of net profit margins realized by an enterprise from an international transaction and not comparison of operating margins of enterprises as a whole.

Service tax applicable on maintenance, repair and overhauling (MRO) services to airlines by GMR Venture in SEZ – AAR

May 20, 2011 2266 Views 0 comment Print

A tax tribunal has ruled that service tax will apply on the proposed GMR-led joint venture in Special Economic Zone to provide maintenance, repair and overhauling (MRO) facilities to domestic and foreign airlines. The ruling was given by the Authority of Advance Rulings (AAR) on an application filed by the MAS-GMR Aerospace Engineering Company, a joint venture of GMR, Hyderabad International Airport Limited, Hyderabad and Malaysian Aerospace Engineering, SDN-BHD, Malaysia.

ROC to probe market research agency Speak Asia

May 20, 2011 1580 Views 0 comment Print

The Ministry of Corporate Affairs (MCA) has ordered a probe into market research agency Speak Asia after media reports unearthed shady workings of the firm. Speak Asia has been under the scanner for alleged using false high profile client names to benefit itself.

SEZ unit and developers requires sanction of Unit Approval Committee for availing service tax refund

May 20, 2011 5189 Views 0 comment Print

The government today vide circular no. Circular No.142/11/2011 – ST dated 18th May 2011, said that SEZ unit and developers would require the sanction of Unit Approval Committee for availing benefits of service tax refund. Besides, developers and units would also have to furnish original invoices for claiming benefits, the Department of Revenue said in a circular.

Mohammad Ahmad & Anr. Versus Atma Ram Chauhan & Ors. (Supreme Court)

May 20, 2011 4512 Views 2 comments Print

Mohammad Ahmad & Anr. Versus Atma Ram Chauhan & Ors. One half of the lis between landlord and tenant would not reach courts, if tenant agrees to pay the present prevalent market rate of rent of the tenanted premises to the landlord. In that case landlord would also be satisfied that he is getting adequate, just and proper return on the property. But the trend in the litigation between landlord and tenant shows otherwise. Tenant is happy in paying the meagre amount of rent fixed years ago and landlord continues to find out various grounds under the Rent Acts, to evict him some how or the other. This case appears to be another classic example of the aforesaid scenario.

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