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Archive: 02 August 2011

Posts in 02 August 2011

Cenvat credit admissible on service tax paid on workmen compensation insurance

August 2, 2011 7123 Views 0 comment Print

In case of an accident within the factory, the compensation has to be paid by the company in accordance with the law and this is obligatory. To fulfil this legal obligation, the assessee has taken insurance. Therefore, it can be said that in this case the insurance premium is definitely relatable to business activity and is to fulfil one of the legal obligations of providing compensation to worker in case of injury in the factory. Under these circumstances, it was held that Cenvat credit of service tax paid on insurance taken to pay workmen’s compensation to the insurance company is admissible. Accordingly, appeal filed by the revenue is rejected.

PF contributions need to be deducted for training period of Junior Employees

August 2, 2011 10399 Views 0 comment Print

Please find enclosed herewith a copy of judgement dated 16/6/2011 delivered by Hon’ble High Court,Madras in the W.P.No. 21520,21782 and 21783/2010 filed in the matter of BSNL Vs. Union of India & others. The Hon’ble High Court has upheld the decision of RPFC that PF contributions need to be deducted for training period of Junior Telecom Officers/Junior Accounts Officers and other similarly placed employees.

Proceeding u/s 263 initiated on the basis of existing circular which conflicts with views of High Courts or Supreme Court not sustainable

August 2, 2011 1347 Views 0 comment Print

Bhartia Industries Ltd Vs CIT (Kolkutta HC) – The Commissioner of Income-tax initiated proceedings under Section 263 of the Act questioning the allowance of the said payments made on account of VRS by the Assessing Officer and an order under Section 263 of the Act dated March 4, 2003 was passed by the Commissioner under Section 263 of the Act. In the said order the Commissioner observed that the Assessing Officer was bound by the Circular dated January 23, 2001 issued by the Board as to the eligibility of deduction of such payment on account of VRS and he should not have allowed such payment. The Commissioner set aside the entire assessment for being made de novo and directed the Assessing Officer to make fresh assessment in the light of the said Circular of the Board.

Export of Cotton [ITC (HS) Code 5201 & 5203], amendment in nature of restriction

August 2, 2011 1275 Views 0 comment Print

The cap on export of cotton [ITC (HS) Code 5201 & 5203] has been removed. However, condition regarding registration of contracts with DGFT would continue to apply. A new procedure of registration is being separately notified for export of Cotton [ITC (HS) Code 5201 & 5203]. In respect of cotton waste including yarn waste and garneted stock [ITC (HS) Code 5202] there is no change even in the procedure to obtain registration.

Benefits of lower tax rates of 10 per cent as per proviso to section 112(1) is not available where shares of listed company are sold in off-market mode

August 2, 2011 5659 Views 0 comment Print

Cairn U.K. Holdings Ltd. In re (AAR) The relief provided for by the proviso to Section 112 is intended to cover cases where effect of inflation is not provided for. That is why the proviso specifies that the calculation of 10% of the Capital Gain should be “before giving effect to” indexation. ‘Before giving effect to’ connotes that effect has otherwise to be given.

FEMA – Exim Bank's Line of Credit of USD 4 million to the Government of the Co-operative Republic of Guyana

August 2, 2011 1761 Views 0 comment Print

A.P. (DIR Series) Circular No. 07 Export-Import Bank of India (Exim Bank) has concluded an Agreement dated July 26, 2010 with the Government of the Co-operative Republic of Guyana, making available to the latter, a Line of Credit (LOC) of USD 4 million (USD four million) for financing eligible goods, services, machinery and equipment including consultancy services to be exported from India for the purpose of acquiring, installing and commissioning of fixed and mobile irrigation pumps in Guyana. The goods, services, machinery and equipment including consultancy services from India for exports under this Agreement are those which are eligible for export under the Foreign Trade Policy of the Government of India and whose purchase may be agreed to be financed by the Exim Bank under this Agreement.

Comprehensive Guidelines on Derivatives – Modifications

August 2, 2011 1458 Views 0 comment Print

Please refer to our Circular DBOD No. BP. BC. 86/21.04.157/2006-07 dated April 20, 2007 on Comprehensive Guidelines on Derivatives. The guidelines with regard to suitability and appropriateness policy for offering of derivative products to users, as outlined in paragraph 8.3 of the said circular, have been reviewed in the light of experience gained in implementation of the guidelines over last four years. The revised guidelines are furnished in the Annex (changes indicated in bold italics).

SEBI- Stock exchanges to send details of transactions to the investors through SMS and E-mail alerts

August 2, 2011 1806 Views 0 comment Print

SEBI receives complaints from investors against stock brokers which include alleged unauthorized trading in their accounts. SEBI has taken steps in the past to address this issue. As an additional measure, it has now been decided in consultation with the major stock exchanges and market participants that the stock exchanges shall send details of the transactions to the investors, by the end of trading day, through SMS and E-mail alerts. This would be subject to the following guidelines:

Entitlement of number of trainees by Company Secretary in Practice

August 2, 2011 1543 Views 0 comment Print

The Council at its 201st meeting held on 23rd-24th June, 2011, in supersession of its earlier decision which was notified in October, 2008 issue of Chartered Secretary, has decided that with effect from 24th June, 2011, for the purpose of clause (c) of Regulation 48 of the Company Secretaries Regulations, 1982, the number of trainees to be sponsored by the Company Secretary in Practice (PCS) including a partner in a firm of Company Secretaries, will be equal to the number of years of continuous practice of the concerned member subject to a maximum of twenty trainees.

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