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Archive: May, 2011

Posts in May, 2011

Not Considering Law Laid Down By Supreme Court – An Error Apparent On Face of Record

May 4, 2011 1561 Views 0 comment Print

Not considering the Law laid down by Supreme Court will amount to an error apparent on face of record [2004(2) MPLJ 492 (498 para 10)] and is a ground for Review. The term ‘Sufficient reason’ is wide enough to include a misconception of fact or law by a court [AIR 2005 Supreme Court 592 (605-para 88-90)]. The objective of Review is to do away with quickly the Injustice which may be necessitated by way of invoking the doctrine “actus curie neminem gravabit’

Matters Involving Moral Questions Are Not Resolved By Arbitration

May 4, 2011 1135 Views 0 comment Print

It is settled law that, matters involving moral questions or questions of public law are not resolved by arbitration. For instance, the following matters are not referred to arbitration: * Matrimonial matters, like divorce or maintenance; * Insolvency matters, like declaring a person as an insolvent; * Criminal offences; * Dissolution or winding up of a company.

Maharashtra Value Added Tax – Effect to Amendment proposed in Budget 2011

May 4, 2011 10423 Views 0 comment Print

To give effect to the Budget proposals, a Bill (Legislative Assembly Bill No. XVII of 2011) to amend the Maharashtra Value Added Tax Act, 2002 was introduced in the Legislature. The said Bill has been passed by both the houses of the Legislature. The Act is now published in the Maharashtra Government Gazette dated 21st April 2011.

MVAT Trade Cir. No. 8T of 2011 – Budget 2011-12 – Taxation of liquor

May 4, 2011 15667 Views 1 comment Print

Mumbai, Dt. 04.05.2011 A Scheme for taxation of liquor was announced in the budget for 2011-12 by the Hon’ble Dy. Chief Minister. To give effect to this, amendments are made to the Maharashtra Value Added Tax Act, 2002 and Rules, 2005. The Scheme and the amendments are as follows:

Service Tax – Section 78 permits benefit of reduction in penalty subject to assessee paying entire amount of tax determined with interest and 25% penalty within 30 days of communication of the order

May 4, 2011 4194 Views 0 comment Print

Provision under which the penalty was levied by the original adjudicating officer permits benefit of reduction in the penalty; subject to party paying the entire amount of tax determined interest and 25% of the penalty within 30 days of the communication of the order. As provision appears to be pari materia to Section 11AC and the order of Gujarat High Court in the case of Akash Fashion Prints (P) Ltd. followed by the Tribunal, in case of provision of Section 11AC of Central Excise Act, there is no infirmity in view adopted by the Tribunal. Revenue Appeal dismissed.

RBI Policy Guidelines for issuance and operation of Prepaid Instruments in India

May 4, 2011 874 Views 0 comment Print

it was decided to permit Other Persons to issue mobile phone based semi-closed system pre-paid payment instruments (semi-closed m-wallets) complying with the above guidelines with the following conditions: The maximum value of such instruments shall not exceed ` 5000/-. The purchase/reloading of these instruments against the value of airtime/talktime shall not be permitted.This facility shall be enabled only to facilitate purchase of goods and services. Person-to-person transfer of value shall not be permitted

Procedure for TDS refund

May 4, 2011 7104 Views 0 comment Print

The Central Board of Direct Taxes has issued circular prescribing the procedure regulating refund of amount paid in excess of tax deducted and/or deductible in respect of payments to residents as covered under sections 192 to 194LA of the Income-tax Act. The Circular will be applicable for claim of refunds for the period upto 31 March 2010.

RBI Circular on Mobile Banking Transactions in India – Operative Guidelines for Banks vide Circular No. DPSS.CO.No.2502 /02.23.02/ 2010-11 Dated – May 4, 2011

May 4, 2011 1769 Views 0 comment Print

DPSS.CO.No.2502 /02.23.02/ 2010-11 – The users of mobile banking services and also the volume of such transactions have been steadily increasing since the introduction of this facility. As per the current instructions mobile banking transactions up to ` 1000/- are permitted without insisting on end-to-end encryption. Banks have been representing to the Reserve Bank to enhance the cap fixed for such transactions given the extensive use of this facility.

IRDA- Insurance Repositories – Calling for Application Forms

May 4, 2011 1045 Views 0 comment Print

Attention is invited to Guidelines on Insurance Repositories and Electronic Issuance of Insurance policies issued by IRDA vide Ref No.IRDA/ADMN/GDL/GLD/080/04/2011 on 29th April, 2011. In accordance to Clause 5 (2) of the guidelines, Applications are called for from the companies that conform the eligibility criteria laid down in the said guidelines.

IDFC likely to issue tax-saving infra bonds in Q2, FY 12

May 4, 2011 1075 Views 0 comment Print

IDFC today said it has learnt right lessons on issuing retail tax-saving infra bonds and will be hitting the market in second quarter of FY 12 with a fresh issue, hoping to improve on the Rs 1,400-crore it had mopped up last year. We have learnt the lessons as to how to place these things (the bond issue) on the market…last year we did Rs 1,400-crore in three tranches and this year we expect to do better than that, the company’s Managing Director and Chief Executive, Rajiv Lall, told reporters here.

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