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Archive: August, 2011

Posts in August, 2011

Infrastructure Finance Companies (IFCs) — as eligible issuers for FIIs investment limit in debt instrument for infrastructure

August 26, 2011 504 Views 0 comment Print

Please refer to SEBI Circular, dated 26-11-2010 & 31-3-2011, regarding FII investment in the corporate bonds issued by Indian companies which are in the infrastructure sector, where ‘infrastructure’ is defined in terms of the extant guidelines on External Commercial Borrowings (ECB).

SEBI – Processing of Investor Complaints in SEBI Complaints Redress System (SCORES) – CIRCULAR NO. MIRSD/19/2011, DATED 26-08-2011

August 26, 2011 523 Views 0 comment Print

CIRCULAR NO. MIRSD/19/2011, DATED 26-8-2011 Henceforth all complaints shall be forwarded electronically through SCORES only. You are hereby directed to view the pending complaints at http://scores.gov.in/admin and submit the ATR along with supporting documents electronically in SCORES. Please note that updation of action taken would not be possible with physical ATRs. Hence, submission of physical ATR will not be accepted for complaints lodged in SCORES.

Notice not complying with Mandatory period of time specified U/s. 158BC is invalid

August 26, 2011 1585 Views 0 comment Print

A notice under section 158BC cannot be equated with that of notice under section 148. A notice under section 158BC provides for a procedure to be adopted for block assessment under which, the Assessing Officer shall serve a notice requiring the assessee to furnish his return within such time not being less than 15 days but not more than 45 days as specified in the notice. Therefore, the time to be granted to the assessee in terms of section 158BC is a minimum of 15 days and a maximum of 45 days.

Salient features of DTAA between Taipei Economic and Cultural Center in New Delhi and India-Taipei Association in Taipei and Full text of DTAA

August 26, 2011 24685 Views 0 comment Print

The Taipei Economic and Cultural Center in New Delhi has signed a DTAA with the India – Taipei Association in Taipei. Taiwan’s Ministry of Finance (MOF) on August 17 announced that Taiwan’s income tax agreement and protocol with India entered into force on August 12 and will apply to income derived from Taiwan on or after January 1, 2012, and to income derived from India on or after April 1, 2012. The agreement has been entered under section 90A of the Income-tax Act, 1961 wherein any “specified association” in India may enter into a DTAA with any “specified association” in a “specified territory” outside India. The Taipei Economic and Cultural Center in New Delhi and India – Taipei Association in Taipei have been notified as “specified associations” and “the territory in which the taxation law administered by the Ministry of Finance in Taipei is applied”, has been notified as the “specified territory” for the purpose of Section 90A.

MCA introduces new feature to track the Companies in which a person is/was a director

August 26, 2011 118888 Views 4 comments Print

Recently, the Ministry of Corporate Affairs has released the Defaulters list and since then all of us including directors are getting much cautious to track the detail of defaulter companies and even directorship in other companies. In this regard we wish to bring in your kind knowledge that MCA has now introduced a welcome feature for the registered users of MCA21 to track not only the details of all the Companies in which a person is/was a director but also his designation, date of appointment /cessation and defaulting status of that company.

ITR- 1 for F.Y. 2010-11 / A.Y. 2011-12 with Auto tax Calculation

August 26, 2011 18065 Views 0 comment Print

Download New ITR- 1 (Sahaj) for the Financial Year 2010-11 or Assessment year 2011-12 with Auto tax Calculation and Acknowledgement

Change in shareholding with sole object of gaining control of company is oppression

August 26, 2011 2599 Views 0 comment Print

The petitioners allegations that their group has been converted from a majority to a minority in shareholding and respondents representation in management has substantially been increased are found to be correct. In view of the continuous effects of such oppressive acts, to undo the effects and to regulate the affairs of the R-1-company in future, the present petition deserves to be allowed.

Income Tax department unearths tax evasion of Rs 18 crore in its surveys in small districts

August 26, 2011 17869 Views 0 comment Print

In a first of its kind action in the state, the Income Tax department has conducted surveys in small districts and unearthed tax evasion to the tune of close to Rs 18 crore. The department recently conducted a special drive and conducted raids at the business premises of firms in Tikamgarh district and found Rs 8 crore of undisclosed income. In another such action in the coal-rich belt of Singrauli district, the department unearthed undue tax evasions worth Rs 9.5 crore.

Replacement of the Companies Act is likely to help in checking frauds committed by companies against investors

August 25, 2011 19344 Views 0 comment Print

The Companies Bill, 2009 seeks to provide stricter provisions for more effective enforcement action against companies involved in fraud. Provisions like initiating investigation by Central Government suo moto, allowing search and seizure during investigation without obtaining an order from Special Court, provision for freezing of assets of a company under investigation on the order of Tribunal have been provided. Besides, the Bill emphasizes disclosures, deterrent penalties and has extensive enforcement provisions.

State-wise number of foreign companies operating in India

August 25, 2011 19593 Views 0 comment Print

The Minister of State in the Ministry of Corporate Affairs Shri R.P.N. Singh today informed the Lok Sabha that 820 foreign companies have been registered during the last three years. The Government has received Rs. 6.91 crore, Rs. 9.56 crore and Rs. 8.24 crore respectively, in the last three years(2008, 2009 and 2010) by way of filing/registration charges.

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