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Archive: May, 2011

Posts in May, 2011

CBDT facing Acute shortage of office space and residential quarters

May 17, 2011 4426 Views 0 comment Print

Our requirement of office space is around 9.72 lacs sq mtrs, while the space available is only 6.67 lac sq mtrs. We are in possession of around 1.32 lac sq mtrs of vacant land, nearly 90 % of which was acquired over 5 years ago & 52 % more than 10 years back. Construction proposals on such lands are either under process or are yet to be received.

Revision of procedure for approval by Central Government for payment of remuneration to a relative of a director for holding an office or place of profit in the company

May 17, 2011 1081 Views 0 comment Print

Increase in monetary limits :- The Central Government has on April 6, 2011 amended the said Rules to provide that no approval of the Central Government will be required under section 314 (1 B) of the Act if the monthly remuneration does not exceed Rs. 250,000 per month. Changes in procedure- The Rules also provide the procedure that may be adopted by the Central Government for considering application under section 314 (1 B) of the Act. One of the aspects to be considered by the Central Government is procedure followed by a company for selection and appointment of a relative of a director for holding office or place of profit in the company.

Sebi ask MFs to be conscience keeper of firms -Advises to disclose ‘voting policy’ on net

May 17, 2011 690 Views 0 comment Print

Prodding mutual funds to act as conscience-keeper of listed firms, Sebi has asked them to inform the investors on an urgent basis about their support or opposition to various business decisions of the companies. The market watchdog is of the view that the fear of a possible opposition by institutional investors like mutual funds being made public would force the companies to follow best corporate governance practises in their businesses.

Make Available’ under India-Singapore DTAA vis-à-vis Technology Transfer Agreement and Services Agreement

May 17, 2011 7762 Views 0 comment Print

Filtrex Technologies Pvt. Ltd. v. ACIT – ITAT Bangalore held that payments made under a Technology Transfer Agreement ‘make available’ technical knowledge or experience, and hence, are taxable as Fees for Technical Services in terms of Article 12(4)(b) of Double Taxation Avoidance Agreement between India and Singapore. Also, payments made for services in the nature of marketing support and other administrative services do not ‘make available’ technology, and hence, cannot be held as FTS under Article 12 of DTAA between India and Singapore.

Soon Stock brokers may not be required to seek 'running account authorisation' from clients every year

May 16, 2011 723 Views 0 comment Print

Sebi has allowed brokers an uninterrupted access to their clients’ accounts by seeking one time authorisation, reversing its earlier direction of such a requirement every year. Sebi has agreed to drop the requirement of stock brokers seeking ‘running account authorisation’ from their clients at least once a year — which was made mandatory in December 2009 — after repeated requests from brokerages in this regard.

Gain from Portfolio Management Scheme (PMS) not Business Profit – ITAT Mumbai

May 16, 2011 1857 Views 0 comment Print

ITO vs. Radha Birju Patel (ITAT Mumbai) – Transactions carried out via Portfolio Management Scheme are clearly in the nature of transactions meant for maximization of wealth rather encashing the profits on appreciation in value of shares. The very nature of Portfolio Management Scheme is such that the investments made by the assessee are protected and enhanced and in such a circumstance, it cannot be said that Portfolio Management is scheme of trading in shares and stock. Whether, the assessee is engaged in the business of dealing in shares or investment in shares is essentially a question of fact and it has to be determined with regard to the entirety of the circumstances. Where the assessee is engaged in systematic activities of holding portfolio through a PMS Manager, it cannot, by any stretch of imagination, be said that the main object of holding the portfolio is to make profit by sale of shares during the course of maintaining the portfolio investment over the period. The high number of transactions shown in the statement is misleading because these are computer-split transactions and not independent transactions.

Provisions of section 2(22)(e) of the Income Tax Act, 1961 related to deemed dividend not applicable to non shareholders – Delhi HC

May 16, 2011 4266 Views 0 comment Print

The assessee who was not the shareholders of M/s. Jackson Generators (P) Ltd. (JGPL) could be treated as covered by the definition of ‘dividend’ as contained in Section 2(22)(e) of the Income Tax Act (hereinafter referred to as ‗the Act‘). This issue has arisen under the following circumstances.

Increase in Housing Loan Limit under Priority Sector -Circular No. RPCD.CORRB.No.71/03.05.33/2010-11

May 16, 2011 1211 Views 0 comment Print

RPCD.CORRB.No.71 /03.05.33/2010-11 – Pursuant to the announcement made by Union Finance Minister in paragraph 44 of the budget for the year 2011-12, it has been decided to increase the above limit from Rs. 20 lakh to Rs. 25 lakh. 3. The above change will be applicable to housing loans sanctioned on or after April 1, 2011.

Transfer Pricing – whether the Tribunal was justified in entertaining the additional ground for exclusion of comparable

May 16, 2011 7767 Views 0 comment Print

CIT Vs Quark Systems India (P) Ltd. (Punjab and Haryana High Court)- The Tribunal, while entertaining the additional ground raised by the assessee for the exclusion of a comparable, remanded the matter to the AO allowing an opportunity to the assessee to produce material before the AO for determination of the ALP, and after the remand and consideration of the material produced by the assessee in terms of the order of the Tribunal, an order in favour of the assessee has been passed.

Govt signs USD 150 million loan agreement with World Bank to push e-governance

May 16, 2011 513 Views 0 comment Print

The government has signed a USD 150 million loan agreement with the World Bank to push e-governance initiatives by filling in strategic policy gaps. This loan will support critical policy measures within Government”s overall e-Governance reform agenda leading to more robust implementation of NeGP, with significant social benefits for the population and positive impact on the poor, Additional Secretary, Department of Information Technology, Shankar Aggarwal said in a statement.

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