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Archive: 27 September 2011

Posts in 27 September 2011

Procedure for refund of TDS U/s. 195 to person deducting tax – Amendment in Circular No. 7/2007 dated 23/10/2007

September 27, 2011 7925 Views 0 comment Print

CIRCULAR NO-07/2011, The Board had issued Circular No.7/2007 and 23.10.2007 laying down the procedure for refund of tax deducted at source under section 195 of the Income Tax Act, 1961 to the person deducting tax at source from the payment to a non-resident.

Automated Data Flow (ADF) from banks to Reserve Bank of India- FAQs

September 27, 2011 459 Views 0 comment Print

WHAT IS THE BACKGROUND FOR Automated Data Flow (ADF)? Ans: In several of its functions, Reserve Bank of India relies on data submitted by banks and quality of data is of great importance. In order to meet the need for correct and consistent data, the Reserve Bank of India has initiated the project on Automated Data Flow (ADF).

S.143(2) Issue of notice is equivalent to its service

September 27, 2011 14457 Views 0 comment Print

V.R.A. Cotton Mills (P) Ltd. Vs. UOI (P & H HC)- The date of receipt of notice by the addressee is not relevant to determine, as to whether the notice has been issued within the prescribed period of limitation. The expression serve means the date of issue of notice. The date of receipt of notice cannot be left to be undetermined dependent upon the will of the addressee. Therefore, to bring certainly and to avoid attempts of the addressee to evade the process of receipt of notice, the purpose of the statute will be better served, if the date of issue of notice is considered as compliance of the requirement of proviso to Section 143(2) of the Act. In fact that is the only conclusion that can be arrived at to the expression ‘serve’ appearing in Section 143(2) of the Act.

SEBI – Disclosure of Price Information of past issues handled by Merchant Bankers

September 27, 2011 925 Views 0 comment Print

Schedule VI, Form A, para (16) of SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009 provides that ‘Price Information of Past Issues handled by Merchant Bankers (who are responsible for pricing this issue)’ should be enclosed along-with Due Diligence certificate submitted to the Board. The format for disclosure of Price Information of Past Issues handled by Merchant Bankers is given at Annexure.

SEBI – Contents of Application-Cum-Bidding Form and Manner of disclosure

September 27, 2011 687 Views 0 comment Print

SEBI has reviewed the structure, design, format, contents and order of information of Application-Cum-Bidding-Form to make it investor friendly and also to ensure uniformity in bidding and accuracy. The form has been standardized and it has been decided that henceforth there would only be a single form for ASBA and Non-ASBA applicants. It has also been decided that the Application-Cum-Bidding Form (accompanied with abridged prospectus) would be printed in a booklet form of A4 size paper.

RBI issues Draft Revised Guidelines on Securitisation Transactions

September 27, 2011 1038 Views 0 comment Print

In the light of developments in the domestic and international financial markets, Reserve Bank had reviewed the extant guidelines on securitisation of standard assets and placed the draft guidelines on minimum lock-in period/Minimum Holding Period (MHP) and Minimum Retention Requirements (MRR) for Indian banks on its website on April 19, 2010 for feedback from the market participants. The draft guidelines were accompanied by a discussion paper titled ‘Emerging Trends in Regulation and Supervision of Securitisation Activities of Banks’. The discussion paper mentioned inter alia that Reserve Bank would also consider laying down specific regulatory norms for transactions involving transfer of loans through direct assignment between banks as also between banks and other entities.

Attempt to defraud using fake bank guarantee-modus operandi

September 27, 2011 678 Views 0 comment Print

Instances of fraud have been brought to the notice of the RBI wherein Bank Guarantees (BGs) purportedly issued by a couple of bank branches in favour of different entities were presented for confirmation by other commercial banks/individuals representing some beneficiary firms. The BGs were submitted along with Confirmation Advice /Advice of Acceptance. One of the beneficiaries was the reporting banks customer. The remaining beneficiaries and applicants were neither the customers of the bank nor were they known to the bank branch officials.

How to Apply and 'Get Certified Copies' of Documents from ROC

September 27, 2011 109330 Views 2 comments Print

Login on MCA website. Click on the link ‘GET CERTIFIED COPIES’ which is on the left hand side of screen under the head ‘QUICK LINKS’ Enter Company name or CIN no. and search for the company on MCA web portal. It will display the company name and its CIN no. Click on the CIN no.

External Commercial Borrowings (ECB) in Renminbi (RMB)

September 27, 2011 742 Views 0 comment Print

Considering the specific needs of the infrastructure sector, the existing ECB policy has been reviewed in consultation with the Government of India and it has been decided to allow Indian companies which are in the infrastructure sector, where “infrastructure” is as defined under the extant guidelines on External Commercial Borrowings (ECB), to avail of ECBs in Renminbi (RMB), under the approval route, subject to an annual cap of USD one billion pending further review.

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