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Archive: August, 2011

Posts in August, 2011

Payment for software cannot be treated as a payment for ‘process’ liable to be taxed as royalty – ITAT Mumbai

August 27, 2011 1738 Views 0 comment Print

ADIT Vs TII Team Telecom International Pvt. Ltd. (ITAT Mumbai)- In terms of the provisions of Article 12 (3) of the Indo Israel tax treaty, royalty is defined, for the purposes of this tax treaty, as “payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematography films, any patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience”.

Lack of good faith and due diligence cannot be inferred when the grounds on which ALP determined by the assessee has been rejected are reasonably debatable

August 27, 2011 1337 Views 0 comment Print

DCIT Vs RBS Equities India Ltd. (ITAT Mumbai)- Rejection of most appropriate method selected by the assessee does not mean that assessee carried out transfer pricing study without good faith and due diligence and hence, penalty for concealment of income cannot be sustained.

Govt request High Courts to give priority to disposal of long pending cases

August 27, 2011 825 Views 0 comment Print

Disposal of cases in the courts is within the domain of the judiciary. However, Government has requested all the High Courts to launch a Mission Mode Programme for reduction of pendency in courts from 01.07.2011 to 31.12.2011. Giving this information in written reply to a question in the Lok Sabha, Shri Salman Khurshid, Minister of Law & Justice, said that the High Courts have also been requested to give priority to disposal of long pending cases pertaining to senior citizens, minors, disabled and other marginalized groups.

Advocates can practice in courts across the country irrespective of their enrollment in any Bar Council without the need to transfer license to their desired States

August 27, 2011 2214 Views 0 comment Print

Government has said that it has notified Section 30 of the Advocates Act, 1961 recently enabling the lawyers to practice in courts across the country irrespective of their enrolment in any Bar Council without the need to transfer license to their desired States. Giving this information in written reply to a question in the Lok Sabha, Shri Salman Khurshid, Minister of Law & Justice, said that subject to provision of the Advocates Act, 1961, every advocate whose name is entered in the State roll shall be entitled as of right to practice throughout the territories to which this Act extends. He informed the House that this section has come into force with effect from the 15th June, 2011.

Clarification to the Indian Data Protection Laws

August 27, 2011 1225 Views 0 comment Print

The Department of Information Technology had notified Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 under section 43A of the Information Technology Act, 2000 on 11.4.2011 vide notification no. G.S.R. 313(E).

For interest under Section 244A(1)(b) of the Act the relevant date is the date of payment of tax and not the date on which the amount of tax collected is credited to the account of the Central Government

August 27, 2011 3375 Views 0 comment Print

ITO Vs M/s Asian Paints Ltd (Mumbai High Court)- Once the authorised agent of the Central Government collects the tax by debiting the bank account of the assessee, the payment of tax to the Central Government would be complete. The fact that there is delay on the part of the authorized agent to credit that amount to the account of the Central Government, it cannot be said that the payment of tax is not made by the assessee, till the amount of tax is credited to the account of the Central Government. For calculating interest under Section 244A(1)(b) of the Act the relevant date is the date of payment of tax and not the date on which the amount of tax collected is credited to the account of the Central Government by the agent of the Central Government.

Multipurpose Empanelment Form (MEF)- Last Date of online Application extended upto 2nd September, 2011 (05:30 p.m.)

August 26, 2011 1165 Views 0 comment Print

Multipurpose Empanelment Form 2011-12. – (26-08-2011) Last date for submission of online MEF applications on www.meficai.org has been extended upto 2nd September, 2011 (05:30 p.m.).

Differences between proposed Ind ASs and Existing ASs

August 26, 2011 7235 Views 0 comment Print

Ind AS 1 generally deals with presentation of financial statements, whereas existing AS 1 (issued1979) deals only with the disclosure of accounting policies. The scope of Ind AS 1 is thus much wider and line by line comparison of the difference with the present standard is not possible. However, the major requirements as laid down in Ind AS 1 are as follows:

SEBI direct brokers to redress investor complaints within a month of receiving them

August 26, 2011 798 Views 0 comment Print

Capital markets regulator Sebi today directed stock brokers and sub-brokers to redress investor complaints within a month of receiving them, saying that failure to do so would make them liable for penal action. The direction comes a day after it announced that all investor complaints should be forwarded to it electronically through recently established, centralised database system, Sebi Complaints Redressal System.

Rahul Gandhi's speech in the Lok Sabha on the issue of corruption and Jan Lokpal Bill

August 26, 2011 1069 Views 0 comment Print

I have been deeply distressed at the developments of the last few days. Many aspects of the situation have caused me anguish. We are all aware that corruption is pervasive. It operates at every level. The poor may carry its greatest burden but it is an affliction that every Indian is desperate to be rid of. Fighting corruption is as integral to eliminating poverty as is Mahatma Gandhi NREGA or the Land Acquisition Bill. Yet it is equally imperative to the growth and development of our nation.

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