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Archive: October, 2011

Posts in October, 2011

Exim Bank's Line of Credit of USD 27.50 million to the Government of the Republic of Senegal – A.P. (DIR Series) Circular No. 34

October 14, 2011 811 Views 0 comment Print

Export-Import Bank of India (Exim Bank) has concluded an Agreement dated April 21, 2011 with the Government of the Republic of Senegal, making available to the latter, a Line of Credit (LOC) of USD 27.50 million (USD twenty seven million and five hundred thousand) for financing eligible goods, services, machinery and equipment including consultancy services from India for the purpose of financing rural electrification project in Senegal.

Separate non-compete receipt in addition to share transfer taxable as business income – ITAT Mumbai

October 14, 2011 555 Views 0 comment Print

Ramesh D. Tainwala (ITAT Mumbai)- For proviso(i) to Sec.28(va)(a) to apply there must be transfer of the right to carry on any business. The Assessee in the present case was not carrying on any business on his own but was the promoter and director of the company whose shares were purchased by the Acquirer

Amends Notification No. 36/2001-Customs(N.T) dated the 3rd August 2001 vide Notification No. 73/2011 – Customs (N. T.)

October 14, 2011 736 Views 0 comment Print

Notification No. 73/2011 – Customs (N. T.), In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2001-Cus (N. T.), dated, the 3rd August 2001, namely: –

Companies eligible for shifting from Trade for Trade Settlement (TFTS) to normal Rolling Settlement – SEBI Circular No. CIR/MRD/DP/11 /2011

October 14, 2011 769 Views 0 comment Print

Securities and Exchange Broad of India CIRCULAR CIR/MRD/DP/11/2011, Dated-  October 14, 2011 To, All Stock Exchanges Dear Sir / Madam, Sub: Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to normal Rolling Settlement 1. It is observed from the information provided by the […]

Financial Inclusion and Banks – Issues and Perspectives

October 14, 2011 1374 Views 0 comment Print

The importance of an inclusive financial system is widely recognized in the policy circles not only in India but has become a policy priority in many countries. Several countries across the globe now look at financial inclusion as the means of a more comprehensive growth, wherein each citizen of the country is able to use their earning as a financial resource that they can put to work to improve their future financial status, adding to the nation’s progress.

Hindu Woman Entitled to Equal Property Rghts & Liabilities in HUF Property – SC

October 14, 2011 6242 Views 0 comment Print

Ganduri Koteshwaramma & Anr. Vs Chakiri Yanadi & Anr. (Supreme Court of India)- A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005. under the Hindu Succession (Amendment) Act, 2005, the daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment.

Excise duty on scrap or waste generated whilst repairing of worn out machineries

October 14, 2011 6565 Views 0 comment Print

Grasim Industries Ltd. Vs. Union of India (Supreme Court of India) Process of repair and maintenance of the machinery of the cement manufacturing plant, in which M.S. scrap and Iron scrap arise, has no contribution or effect on the process of manufacturing of the cement, which is the excisable end product, as since welding electrodes, mild steel, cutting tools, M.S. Angles, M.S. Channels, M.S. Beams etc. which are used in the process of repair and maintenance are not raw material used in the process of manufacturing of the cement, which is the end product. The issue of getting a new identity as M.S. Scrap and Iron Scrap as an end product due to manufacturing process does not arise for our consideration.

Taxpayer did not constitute a Construction PE under the DTAA as the contract carried on by the Taxpayer did not exceed the threshold period provided under the DTAA

October 14, 2011 14546 Views 0 comment Print

CIT vs. M/s BKI/HAM v.o.f. (Uttarakhand High Court)-Tribunal in the assessment order 1995-96 as well as the appellate authority in the assessment order 1994-95 have categorically given a finding of fact that the entire duration of the contract was from 27th December, 1993 till 26th June, 1994, i.e., less than six months. Article 5 (3) of the treaty provided that in order to constitute a permanent establishment such site or project should continue for a period of more than six months.

Highlights of Annual Supplement to FTP 2009-2014 (New Benefit Scheme for Exporters and changes in existing shcemes))

October 14, 2011 1445 Views 0 comment Print

Special Bonus Benefit Scheme- It has been decided to introduce a new scheme to provide special assistance to specified sectors for 6 months as special assistance. The support is given to Engineering, Pharmaceutical and Chemical sectors. The scheme would cover 50 products. Some of the major items under Engineering are cast article of alloys steel and stainless steel, hand tools, gas compressors, motorcycles and goods vehicle. The list under chemicals and pharma include carbon black, potassium iodide, niacin amide, erythromycin and its derivatives, ciprofloxacine etc. The list of products at 6-digit/8 digit levels is given in the newly created Table 8 in the appendix 37D of the FPS Scheme.

Validity of Online Service Tax Return without signature

October 13, 2011 7510 Views 0 comment Print

ST-3 returns can be directly filled up online on ACES website or an XML schema can be downloaded, filled up, converted in to XML file and uploaded on ACES website. Once the return is being filed in either of the way, ACES displays an acknowledgement of ST-3 return filed. What are the threats then? There is no clarity whether any physical copy is required to be submitted to field authorities once the ST-3 return has been successfully uploaded on ACES. On experience it is found that different field authorities ask for different number of copies or few don’t ask for any physical copy at all.

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