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Archive: September, 2011

Posts in September, 2011

RBi ask Banks to not to recover pre-payment charges on floating rate loans

September 6, 2011 1553 Views 0 comment Print

1. Indian Banks’ Association (IBA) will standardise most important terms and conditions (MITC) for at least ten important banking transactions and circulate among banks for adaptation. 2. Banks would initiate the process of providing one view of all bank accounts of a customer including deposits, loans, etc., with the help of available technology, such as, core banking solution. Banks would be complete the process within one year.

IRDA – Servicing of Health Insurance Schemes offered by Bodies other than Insurance Companies

September 6, 2011 1582 Views 0 comment Print

With a view to enhancing policyholders’ services for health insurance, the IRDA had conceptualized the Third Party Administrator (TPA), as an intermediary. The IRDA thought it appropriate to define such an intermediary and permit them to operate as an insurance intermediary on a strength of a license to operate issued by the IRDA. The TPAs play an important role in delivering health insurance in a seamless manner to a policyholder. IRDA/NL/CIR/HLTH/207/09/2011 Date:06-09-2011

Notification to extend the exemption to some additional goods when imported from Least Developed member-countries of SAARC under SAFTA

September 6, 2011 1083 Views 0 comment Print

Notification No. 85/2011-Customs, Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts the goods of the description specified in column (3) of the Table hereto annexed and falling under the Chapter, heading, sub-heading or tariff item of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), as specified in the corresponding entry in column (2) of the said Table, when imported into India from a country listed in APPENDIX to this notification from the whole of the duty of customs leviable thereon under the said First Schedule.

Payments made by the assessee to the employees employed on daily wage basis cannot be said to be a contractual payment

September 6, 2011 2321 Views 0 comment Print

CIT Vs Dewan Chand (Delhi High Court)- Payments made by the assessee to the employees employed by it on daily wage basis cannot be said to be a contractual payment, as such the assessee in such cases was not required to deduct tax from such payments u/s. 194 C of the Act.

Reimbursement of expense received in connection with the rendering of consultancy services not taxable as ‘fees for technical services’

September 6, 2011 1640 Views 0 comment Print

Dy. Director of Income-tax (International Taxation)- I Vs. Louis Berger International Inc. (ITAT Hyderabad)- Reimbursable expenses being received in connection with the rendering of consultancy services is not taxable as ‘fees for technical services’ in accordance with clause (vii) of sub-section (i) of Section 9 of the I.T. Act, 1961 read with Part 4 of Article 12 of the DTAA with USA.

Pnealty can not be imposed without adjudication by any authority – SC

September 6, 2011 2267 Views 0 comment Print

esar Enterprises Ltd. Vs State of U.P. & Ors. (Supreme Court of India)- In the present case, before imposing the impugned demand of penalty and interest, there was absolutely no adjudication by any authority as regards the breach committed by the appellant, except the allegation that the appellant had failed to furnish the PD-25 pass certified by the Collector. In our opinion, therefore, the action of the respondents for the recovery of penalty and interest, being violative of principles of natural justice, is null and void.

Additional Director of Income Tax (Investigation) duly authorized to issue warrants of search

September 6, 2011 1035 Views 0 comment Print

CIT Vs Shri Prem Gandhi (Delhi High Court)- In view of retrospective amendment in Sec 132(1), the Tribunal order stating that Addl Director has no powers to issue warrant for authorisation of search, does not survive. Assessee can be allowed to raise a fresh ground of no-service of notice u/s 143(2) before the Tribunal as this issue was argued before the CIT(A).

Board Meetings without quorum & irregularities in filing Form 32 is Oppression & Mismanagement

September 5, 2011 8509 Views 0 comment Print

The fiduciary capacity within which directors have to act enjoins duty upon them to act on behalf of the company with utmost care and skill and due diligence and in the interest of the company. More so, in a family company where even directorial complaints can be looked into. Directors have a duty to make full and honest disclosures to shareholders regarding all important matters relating to the company. In the present case a clear case of oppression has been made out, even a single act can cause continuous oppression.

Government not made it compulsory for every company to have policy for Corporate Social Responsibility

September 5, 2011 1023 Views 0 comment Print

The Government has not made it compulsory for every company to have a policy for Corporate Social Responsibility (CSR). However, the Department of Public Enterprises has issued comprehensive CSR guidelines for Central Public Sector Enterprises in April, 2010 wherein these enterprises, except those making a loss, have to create mandatorily, through a board resolution, a CSR budget as a specified percentage of net profit of the previous year.

Fee for use of software taxable as Royalty

September 5, 2011 1975 Views 0 comment Print

This is an appeal filed by the assessee and its directed against the order of the CIT(A)-IV, Bangalore, dated 30-11-2009 for the assessment year 2 008-09. The assessee is aggrieved by the CIT(A) in considering the assessee as assessee is default u/s 201(1) of the Income-tax Act, 1961 on the ground that the assessee has failed to deduct tax at source u/s 195 of the Act on the payments made by it to ING Zurich for purchase of shrink wrapped software from outside India. The AO considered the said payment as royalty under the Act as well as the DTAA between India and Switzerland.

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