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Archive: September, 2011

Posts in September, 2011

External Commercial Borrowings (ECB) from the foreign equity holders

September 26, 2011 1057 Views 0 comment Print

To benefit eligible borrowers, it has been decided, in consultation with the Government of India, to consider the ECB proposals from foreign equity holders (direct/indirect) and group companies under the approval route as under:- (i) Service sector units, in addition to those in hotels, hospitals and software, could also be considered as eligible borrowers if the loan is obtained from foreign equity holders. This would facilitate borrowing by training institutions, R &D, miscellaneous service companies, etc;

External Commercial Borrowings (ECB) Policy – Structured Obligations for infrastructure sector

September 26, 2011 1096 Views 0 comment Print

On a review, it has been decided by RBI , to further liberalise the ECB policy in respect of the infrastructure sector.Direct foreign equity holder (holding minimum 25 per cent of the paid-up capital) and indirect foreign equity holder holding atleast 51% of the paid-up capital, will be permitted to provide credit enhancement for the domestic debt raised by Indian companies engaged exclusively in the development of infrastructure and by Infrastructure Finance Companies (IFCs) through issue of capital market instruments. No prior approval will be required from the Reserve Bank for providing such credit enhancements.

Indian Railways introduced new mode of ticket verification

September 26, 2011 3924 Views 0 comment Print

Electronic Reservation Slip (ERS) – The printout in standard specified Performa containing reservation particulars, and instructions for use which cn be used by the passenger along with the relevant authorized Identification, as travel authority for performing the journey. Virtual Reservation Message (VRM) – A screen-shot of the e-ticket displayed through laptops/palmtops/ Mobile phone is referred […]

Internet Banking for Customers of Urban Co-operative Banks

September 26, 2011 6902 Views 1 comment Print

UBD.BPD.(SCB)Cir No. 1/09.18.300/2011-12 – As announced in the Monetary Policy Statement 2011-12, [para 102 – appended], it has been decided to permit scheduled UCBs satisfying certain criteria to provide internet banking facility to their customers. Accordingly, scheduled UCBs having minimum networth of Rs. 100 crore, CRAR of at least 10%, net NPA less than 5% and have earned net profit continuously in the last three financial years are eligible to offer internet banking facility to their customers.

Fraudulent payments in EPFO Accounts via fake cheques‑ precautions

September 26, 2011 2214 Views 0 comment Print

Fraudulent payments in the Accounts of EPFO through fake cheques‑ precautionary measure to avoid fraudulent payment- reg.

Interest on income tax refund can be set-off against interest on delayed payment

September 26, 2011 3235 Views 0 comment Print

DCIT v. Bank of America NT & SA (ITAT Mumbai) – Tribunal held that interest received on income tax refund can be set-off against the interest paid on delayed payment of income tax and only net amount is to be taxed. The issue before the tribunal was that Whether interest income received by the taxpayer on income tax refund can be set-off against delayed payment on income tax? Whether the taxpayer can offer the net interest received as income?

Dividend Distribution Tax not dependent on eventual taxability of dividend income

September 26, 2011 2540 Views 0 comment Print

The Tata Power Company Limited Vs ACIT- The Tribunal reiterated that the incidence of liability to pay DDT arises the moment such dividend is distributed (declared) and any subsequent events can have no bearing on such liability, even if such event renders dividend non-­taxable in the hands of the recipient. It was not possible to extend the same analogy laid down by the cases cited pertaining to tax-ability of dividend in the hands of shareholder to a case of refund of DDT already paid by the Company declaring dividend.

MCA notifies 'Srei Infrastructure Finance Limited' as Public financial institution u/s. 4A of Companies Act, 1956

September 26, 2011 4508 Views 0 comment Print

In exercise of the powers conferred by sub-section (2) of section 4A of the Companies Act, 1956 (1 of l956), the Central Government hereby further to make amendment in the Notification of the Government of India, published in the Gazette of India, Part II, section 3, Sub-section (ii), dated the 13-5-1978 in the erstwhile Ministry of Law, Justice and Company Affairs (Department of Company Affairs) vide Number S.O. 1329, dated the 8-5-1978, namely :‑

SC on recovery of tax on money deposited by Indians in Foreign Bank

September 26, 2011 1242 Views 0 comment Print

SC refers Appeal by Ram Jethmalani against purported inaction of Government to arrange for recovery of large sums of money deposited by Indian citizens in foreign banks to Honourable the Chief Justice of India.

AAR Application not maintainable if assessment proceedings are pending

September 26, 2011 2389 Views 0 comment Print

On the date of filing of the present application before us relating to the rights and obligations arising out of the contract dated 10.5.2006 entered into by the applicant, in so far as it relates to the question posed in this application, was pending before the concerned assessing officer. We re-emphasize that merely because a questionnaire in general terms is served or a questionnaire raising specific issues is served as a further step towards completing the assessment, cannot lead to the position that the question sought to be raised before us is not pending before the assessing officer when the return of income is filed. We are, therefore, satisfied that the allowing of this application under section 245 R(2) of the Act for giving a ruling under section 245R(4) of the Act is barred by virtue of the proviso to section 245R (2) of the Act. The application is, therefore, rejected.

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