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Archive: 26 May 2011

Posts in 26 May 2011

How to acquire digital signature certificate (DSC) and what are the charges?

May 26, 2011 10007 Views 0 comment Print

The Ministry of Corporate Affairs has stipulated a Class-II or above category certificate for e-filings under MCA21. A person who already has the specified DSC for any other application can use the same for filings under MCA21 and is not required to obtain a fresh DSC. The DSCs are typically issued with one year validity and two year validity. These are renewable on expiry of the period of initial issue.

StCBs/DCCBs – Setting up of Central Electronic Registry under the SARFESAI Act, 2002 – RPCD.CO RCB.BC.No. 73/07.38.03/2010-11

May 26, 2011 6232 Views 0 comment Print

RPCD.CO RCB.BC.No. 73/07.38.03/2010-11 It may be noted that initially transactions relating to securitization and reconstruction of financial assets and those relating to mortgage by deposit of title deeds to secure any loan or advances granted by banks and financial institutions, as defined under the SARFAESI Act, are to be registered in the Central Registry. The records maintained by the Central Registry will be available for search by any lender or any other person desirous of dealing with the property. Availability of such records would prevent frauds involving multiple lending against the security of same property as well as fraudulent sale of property without disclosing the security interest over such property. It may be noted that under the provisions of Section 23 of the SARFAESI Act, particulars of any charge creating security interest over property is required to be filed with the Registry within 30 days from the date of creation.

Companies(Central Government's) General Rules and Forms (Second Amendment) , 2011 – New Form No. 23D inserted effective from 29-05-2011

May 26, 2011 1207 Views 0 comment Print

1, (1) These rules may be called the Companies (Central Government’s) General Rules and Forms ( Amendment ) Rules 2011. (2) They shall come into force with effect from 29th May, 2011. 2. In the Companies (Central Government’s) General Rules and Forms, 1956, in Annexure ‘A’ for Form 23D the following Form shall be substituted , namely

Companies(Central Government's) General Rules and Forms (Amendment), 2011 – revision of Form No. 8 and 17, effective from 29-05-2011

May 26, 2011 5948 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 642 read with section 610B of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules further to amend the Companies (Central Government’s) General Rules and Forms, 1956, namely : – 1. (1) These rules may be called the Companies (Central Government’s) General Rules and Forms ( Amendment ) Rules 2011.(2) They shall come into force with effect from 29th May, 2011.

Removal of anomaly for differential interest rates for EPF and income-tax exemption

May 26, 2011 3600 Views 0 comment Print

The Central Government (the Ministry of Labour and Employment) had issued a notification No. R-11018 / 1/ 2010.SS- II dated 17.03.2011 in March 2011, providing its approval for crediting of interest at the rate of 9.5 per cent for the year 2010-11 to the account of each Employees’ Provident Fund (“EPF”) member subject to certain conditions. However, the then prevailing notification No. S.O. 2091(E), dated 26.08.2010 issued by the Ministry of Finance [providing for income-tax exemption rate for such interest for the members of Recognised Provident Funds (“RPFs”)] had fixed the interest at the rate of 8.5 per cent with effect from 1 September, 2010, beyond which the excess interest credited to the members’ accounts would be liable to income tax and taxable under the head `Salaries’ In terms of Rule 6(b) of the Part A of Fourth Schedule to the Income-tax Act, 1961 read with Section 17(1)(vi) of the Income-tax Act, 1961. Consequentially, the differential interest of 1 per cent credited to the members’ accounts (for the period 1 September, 2010 to 31 March, 2011) was chargeable to income-tax in the hands of the RPFs’ member employees.

Amendment in Rule 114B relating to furnishing of PAN for certain transactions

May 26, 2011 46954 Views 0 comment Print

Notification No. 27/2011 – Income Tax [F. NO. 149/122/2010-SO(TPL)], DATED 26-5-2011 In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely :— 1. (1) These rules may be called the Income-tax (Fifth Amendment) Rules, 2011.

Commission payment, for sales and marketing support outside India, does not constitute income chargeable to tax in India

May 26, 2011 4486 Views 0 comment Print

Recently, the ITAT Delhi in the case of Eon Technology (P) Ltd. v. DCIT [2011] 11 taxmann.com 53 (Del) held that payment by way of commission for sales and marketing support outside India does not constitute income chargeable to tax in India under the Income-tax act, 1961 (the Act).

Regarding customs duty on goods imported for use in, or for the manufacture of, metallised plastic films – Notification No. 35/2011- Customs ( N.T.)

May 26, 2011 703 Views 0 comment Print

Notification No. 35/2011- Customs ( N.T.) AND WHEREAS such goods have been rendered liable to higher rate of duty of customs by virtue of the judgment of the Supreme Court in Civil appeal Nos.3224-3225 of 1998 with C.A.No.5716 of 1998 decided on the 12th February 2004, in the case of Meltex (India) Pvt. Ltd. Vs. Commissioner of Central Excise, New Delhi, holding the process of metallisation of plastic film as not amounting to manufacture;

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