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Archive: May, 2011

Posts in May, 2011

Review of Guidelines on entry of NBFCs into Insurance Business

May 27, 2011 9718 Views 0 comment Print

RBI has clarified that in case more than one company (irrespective of doing financial activity or not) in the same group of the NBFC wishes to take a stake in the insurance company, the contribution by all companies in the same group shall be counted for the limit of 50 % prescribed for the NBFC in an insurance JV. DNBS.PD.CC.No. 221/03.02.002/2010-11

Bonus benefit to silk carpets under ITC HS code 57019090 and drawback code 570102

May 27, 2011 8458 Views 0 comment Print

Bonus benefit under Focus Product Scheme available to silk carpets would also include such silk carpets exported under ITC HS code 57019090 with drawback code 570102 duly endorsed on the respective shipping bills. This will be with effect from 1.4.2010.

Reconciliation of failed transactions at ATMs – Notification No. DPSS.PD.No.2632 / 02.10.002 / 2010-2011

May 27, 2011 10124 Views 0 comment Print

The Reserve Bank of India on Friday directed banks to reimburse customers for amounts wrongfully debited from their accounts in failed ATM transactions within seven days of an account holder’s complaint or else pay a Rs 100 per day compensation. “The time limit for resolution of customer complaints by the issuing banks shall stand reduced from 12 working days to seven working days from the date of receipt of customer complaint,” the RBI said in a notification.

IRDA – Public Disclosures to be made by Insurers on Website and in Newspapers

May 27, 2011 14593 Views 0 comment Print

Effective from the year ending March 2011, all insurers are required to file a Certificate confirming compliance with the stipulations on public disclosures as under: (1) Compliance with disclosure requirements on the Insurer’s website (Annexure 1) ; and (2) Compliance with the requirements on publication in the Newspapers (Annexure 2).

Exim Bank's Line of Credit of USD 20 million to the Government of the Republic of Mozambique – A.P. (DIR SERIES) CIRCULAR NO. 4, DATED 25-07-2011

May 27, 2011 1159 Views 0 comment Print

Export-Import Bank of India (Exim Bank) has concluded an Agreement, dated March 28, 2011 with the Government of the Republic of Mozambique, making available to the latter, a Line of Credit (LoC) of USD 20 million (USD twenty million) for financing eligible goods, services, machinery and equipment including consultancy services to be exported from India for the purpose of enhancing productivity of rice-wheat-maize cultivation in Mozambique.

Set off the unabsorbed depreciation of eligible business u/s. 80-IA(4) against income from other non-eligible business?

May 27, 2011 4138 Views 0 comment Print

The contention that under section 80-I(6) the profits derived from one industrial undertaking cannot be set off against loss suffered from another and the profit is required to be computed as if profit making industrial undertaking was the only source of income, has no merit.

DELHI HC upheld deduction claimed in respect of remuneration/royalty paid to subsidiaries and holding companies

May 27, 2011 6176 Views 0 comment Print

CIT Vs. Nestle India Ltd. -The Delhi high court last week dismissed the appeal of the Commissioner of Income Tax in a dispute over the deduction claimed by IT return in respect of remuneration/royalty paid by it to other subsidiaries and holding companies. The assessing officer disallowed the claim and the tax appellate tribunal held that the revenue authorities were wrong, leading to the appeal. The company, which makes food products and beverages, had debited a huge amount on account royalty payable to two overseas companies, namely Nestec S.A. and Societe Des Produits Nestle S.A., Switzerland. These payments were claimed as business expenditure on account of technical assistance rendered by the two companies to the Indian company. The authorities felt that the deduction was excessive. The high court upheld the ruling of the tribunal, which stated that the revenue authorities have not specified as to how much ordinary profit was supposed to be and the basis of its determination, before treating royalty payment as excessive and unreasonable.

Reimbursement of seconded employee salary to expatriate employees is fees for included services- AAR

May 27, 2011 2465 Views 0 comment Print

Verizon Data Services India Private Limited (A.A.R. Nos. 865 of 2010) – The AAR held that the seconded personnel are employees of a foreign company and render managerial services to the Applicant. Hence, the payments made would be in the nature of income and would be regarded as fees for included services under the provisions of the India – US Double Taxation Avoidance Agreement (US DTAA) as well as fees for technical services under the provisions of the Indian Tax laws. Furthermore, the ‘make available’ criteria, as stipulated in the US DTAA, are not required to be satisfied in the case of managerial services. Hence, taxes were required to be withheld on the Applicant’s payments to its US affiliate.

Double Taxation Avoidance Agreement (DTAA) with Ethiopia

May 27, 2011 2442 Views 0 comment Print

The Government of the Republic of India signed a Double Taxation Avoidance Agreement (DTAA) with the Federal Democratic Republic of Ethiopia for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income on 25th May, 2011 at Addis Ababa. The Agreement was signed by Shri S.M. Krishna, External Affairs Minister on behalf of the Government of India and by Mr. Sufian Ahmed, Minister of Finance and Economic Development on behalf of the Federal Democratic Republic of Ethiopia in the presence of the Prime Minister, Dr. Manmohan Singh and the Ethiopian Prime Minister. Mr. Meles Zenawi.

Notification No. 28/2011 – Income Tax Dated 27-5-2011

May 27, 2011 1036 Views 0 comment Print

Notification No. 28 /2011- Income Tax [F. NO. 200/21-2011-ITA-I], DATED 27-5-2011 In exercise of the powers conferred by clause (39) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies the following as the international sporting event, persons and specified income for the purposes of the said clause, namely :—(a) the International Cricket Council Cricket World Cup, 2011 as the International Sporting event; (b) the following entities as the persons, namely :— (1) International Cricket Council Development (International) Ltd.; (2) International Cricket Council Development (International) Hungary KFT;

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