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Archive: May, 2011

Posts in May, 2011

India inks DTAA with Ethiopia to check tax evasion

May 26, 2011 6381 Views 0 comment Print

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 Ethiopia in the presence of the Prime Minister, Dr. Manmohan Singh and the Ethiopian Prime Minister. Mr. Meles Zenawi.

RBI to soon release guidelines on new bank branches

May 26, 2011 642 Views 0 comment Print

The Reserve Bank will soon release guidelines for implementing its proposal to locate at least a quarter of the new bank branches in the unbanked areas, which generally fall in the rural areas. RBI will issue guidelines for 25% rural branches soon, said a banker present at the central bank’s post-policy meeting today.

OECD pegs India’s growth at 8.5 percent in 2011-12

May 26, 2011 5865 Views 0 comment Print

The OECD on Wednesday pegged India’s growth at 8.5 per cent for the current fiscal, indicating that economic expansion would be slower. The Organisation for Economic Cooperation and Development has projected the Indian economy to expand 8.5 per cent in 2011-12, much lower than the growth of 9.6 per cent witnessed in 2010-11 financial year.

Regarding processing for or on behalf of client, in relation to agriculture – causing sale or purchase of agricultural produce

May 26, 2011 8550 Views 0 comment Print

Circular No. 143/12/ 2011 – ST Representations have been received that client processing of tobacco involving threshing and drying of tobacco leaves and client processing of raw cashew involving roasting/drying, shelling and peeling of raw cashew to recover kernel, are considered by the field formations as not falling within the meaning of the expression “in relation to agriculture” appearing in notification 14/2004-ST (as amended) dated 10th September, 2004, resulting in avoidable disputes and litigation.

Export of Guar gum

May 26, 2011 1186 Views 0 comment Print

DGFT Notification No 49 (RE – 2010)/2009-2014 – Notification No. 47 of 18.05.2011 stipulating export of Guar gum to EU to be allowed only if it does not contain Penta Chlorophenol (PCP) in any proportion, has been rescinded. Thus, the earlier stipulation of Notification No. 50 of 06.07.2010 of allowing presence of upto 0.01 mg/Kg. of Penta Chlorophenol (PCP) in the consignments of Guar gum when exported to EU will continue to be valid.

Despite Loan, Shares Gain is STCG and Not Business Profit

May 26, 2011 7742 Views 0 comment Print

Mahendra C Shah vs. Addl CIT (ITAT Mumbai) – The fact that the assessee borrowed for the purpose of buying shares is not conclusive that the assessee intended to do business in shares and not merely invest in them if the interest is capitalized as cost of the shares & not claimed as a revenue expenditure (Shanmugam 120 ITD 469 (Pune) followed). The fact of borrowing cannot be held against the assessee if there are other predominating factors in favour. Also as the assessee has own funds, it can be presumed that the shares were bought out of those funds.

Internal Vigilance in Private Sector/foreign Banks

May 26, 2011 3769 Views 0 comment Print

DBS.CO.FrMC.BC.No. 9/23.04.001/2010-11 – RBI has also issued various circulars for the prevention of frauds and malpractices in banks. In this connection reference is specifically drawn to circulars DBOD. No.BC.20.17.04.001 dated August 25, 1992 on the recommendation of the Committee to enquire into various aspects relating to frauds and malpractices in bank; DOS.No.PP.BC.20/16.03.026/96-97 dated November 01, 1996 conveying the recommendations of the Working group on Internal Controls and Inspection/ Audit Systems in banks; DBS.FrMc.No.7/23.04.001/2004-05 dated September 20, 2004 on strengthening of Internal Vigilance machinery in banks & Financial Institutions.

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

May 26, 2011 10646 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 6400 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 1342 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

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