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Archive: June, 2011

Posts in June, 2011

India, OECD to discuss tax reforms today

June 13, 2011 513 Views 0 comment Print

At a time when the government is accelerating efforts to strengthen the country’s taxation system , India and rich countries’ club OECD will deliberate on challenges to international tax rules on Monday. Co-operation in global tax matters have gained prominence , especially after the G-20 crackdown on tax havens, which are being used to park unaccounted money worth billions of dollars. Finance Minister Pranab Mukherjee will address a seminar on ‘Adapting Tax Systems and International Tax Rules to the New Global Environment: A Shared Challenge for India and OECD’ .

International Labour Conference on Report of ILO Director General-Equality at WORK – the Continuing Challenge

June 13, 2011 982 Views 0 comment Print

Millions of people suffer from discrimination in the world of work which not only violates a basic human right but has wider social and economic consequences. Discrimination stifles opportunities wasting the human talent needed for economic progress and accentuates social tensions and inequalities. Combating discrimination is an essential part of promoting Decent Work, and success on this front is felt well beyond the workplace.” Shri Prabhat C. Chaturvedi, Secretary, Ministry of Labour and Employment said this while speaking at the 100th session of the International Labour Conference on Friday 10th June, 2011at Geneva.

Department of Posts decides to revamp mail operations in line with the international best practices

June 13, 2011 1084 Views 0 comment Print

The meeting of the Consultative Committee attached to the Ministry of Communications and Information Technology was held here today to discuss the Mail Network Optimization Project of Department of Posts. In his opening remarks Shri Kapil Sibal, Minister for Communications and Information Technology said that Department of Posts decided to revamp mail operations in line with the international best practices and include a project in the 11th Five Year Plan for consolidation and optimization of the existing mail network. The completion of project would result in improved mail related services to the public.

Distinction Between A Public Limited Company And a Private Limited Company

June 13, 2011 4817 Views 0 comment Print

Distinction Between A Public Company And a Private Company – Following are the main points of difference between a Public Company and a Private Company :- 1. Minimum Paid-up Capital : A company to be Incorporated as a Private Company must have a minimum paid-up capital of Rs. 1,00,000, whereas a Public Company must have a minimum paid-up capital of Rs. 5,00,000.

Pune ITAT – Portfolio management (PMS) fees deductible in computing capital gains ; Shares PMS transaction gains are Short Term Capital Gain and not business profits

June 13, 2011 6633 Views 0 comment Print

Pune Income Tax Appellate Tribunal on the issue of deductibility of portfolio management fees in computing ‘capital gains’ under the Indian Tax Laws (ITL) held that such fees was directly connected to the acquisition and sale of securities and was incurred in the normal course of the investment activity. It was held that the payments would be allowed as a deduction in computation of capital gains under the ITL.

RBI Changes/ Liberalize / Rationalize Regulations related to overseas direct investment by Indian parties (A.P. (DIR Series) Circular No. 69)

June 13, 2011 1132 Views 0 comment Print

With a view to providing more operational flexibility to Indian corporates having investments abroad, Reserve Bank of India (‘RBI’) has decided to further liberalize / rationalize the regulations relating to overseas direct investment by Indian parties by making certain changes vide Rationalization (A.P. (DIR Series) Circular No. 69) dated 27.05.2011.

In works contract between contractor & sub-contractors only one is liable to pay tax

June 13, 2011 28060 Views 0 comment Print

When works contract is sub-contracted there is only one taxable event and between main contractors and sub-contractor only one is liable to pay tax on the goods incorporated in the works contract. Herebelow this issue is discussed in the light of decision of Supreme Court and P&H High Court in the context of VAT provisions especially under Punjab VAT Act, 2005.

Govt to declare tax offences criminal if the source of income is illegal

June 13, 2011 1123 Views 0 comment Print

Amid reports that the government is planning to make tax evasion a criminal offence, a finance ministry official today said it could be done only if the source of income is illegal. But ‘if it is a tax evasion alone, it is a civil offence,’ the official said. He, however, asserted that ‘if there is an element of illegality about the source of income or if funds are used for illegal purpose…we can think of classifying these as criminal tax offences’.

Penalty paid by a registered broker is not a fine for any infringement of law and hence allowable- ITAT Mumbai

June 13, 2011 795 Views 0 comment Print

M/s Total Securities Ltd Vs DCIT (ITAT Mumbai) – Whether penalty paid by a registered broker is not a fine for any infringement of law and hence allowable – Whether admission fee paid by the assessee to stock exchange for acquiring membership is revenue – Whether salary paid to directors can be disallowed on the ground that the assessee has failed to prove the genuineness of services rendered when similar payments have been allowed in subsequent years – Whether payments made to arbitragers and jobbers is covered by 194C and hence the same is not allowable if TDS is not deducted.

Even if there is no evidence to the effect that the borrowed forex loan was utilised for the purpose of business, the loss arising out of foreign exchange fluctuation can be allowed based on past history

June 13, 2011 1090 Views 0 comment Print

M/s. Perfetti India Ltd. Vs. ACIT (ITAT Delhi) Considering all the aspects and principle of consistency propounded by the Hon’ble Supreme Court in the case of Radha Swami Satsand vs. ITO reported in 193 ITR 321, we are of the opinion that loss suffered by the assessee on account of exchange rate fluctuation is allowable expenditure in this year also. The assessee may not be able to produce evidence of the utilisation of the capital before the AO but from the orders of the AO in earlier years and in subsequent years impliedly, it is ascertainable that it is used for the working capital which is in a revenue account.

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