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Archive: November, 2011

Posts in November, 2011

NSC – Interest with effect from 1-12-2011 notified

November 27, 2011 4005 Views 0 comment Print

National Savings Certificates (VIII Issue) (Second Amendment Rules, 2011 – Amendment in rules 15 and 16- NOTIFICATION [F.No.1/7/2011-NS-II], dated 25-11-2011 In exercise of the powers conferred by section 12 of the Government Savings Certificates Act, 1959 (46 of 1959), the Central Government hereby makes the following rules further to amend the National Savings Certificates (VIII Issue) Rules, 1989, namely:- 1. (1) These rules; may be called the National Savings Certificates (VIII Issue) Second Amendment Rules, 2011.

Post Office (Monthly Income Account) Second Amendment Rules, 2011 – Amendment in Rules 8 and 9

November 27, 2011 1580 Views 0 comment Print

In exercise of the powers conferred by section 15 of the Government Savings Banks Act, 1873 (5 of 1873), the Central Government hereby makes the following rules further to amend the Post Office (Monthly Income Account) Rules, 1987, namely:- 1. (1) These rules may be called the Post Office (Monthly Income Account) Second Amendment Rules, 2011. (2) They shall come into force on the 1st day of December 2011. 2. In the Post Office (Monthly Income Account) Rules, 1987,—

Kisan Vikas Patras – Discontinuance of sale w.e.f. 30-11-2011

November 27, 2011 1028 Views 0 comment Print

It is notified for general information that the sale of Kisan Vikas Patras shall be discontinued with effect from the close of business on Wednesday, the 30th November, 2011.

Small savings schemes – Notified rate of commission for canvassing/securing investment in

November 27, 2011 6949 Views 2 comments Print

The Central Government hereby notifies that the authorised Standardised Agency System (SAS) and Mahila Pradhan Kshetriya Bachat Yojana (MPKBY) agents for canvassing/securing investments in the small savings schemes as per the terms of agreement executed by them under the Standardised Agency System (SAS) and Mahila Pradhan Kshetriya Bachat Yojana (MPKBY) will be paid commission at the rate indicated below:

Commission to a foreign agent without tax deduction for services outside India cannot be disallowed

November 26, 2011 4330 Views 0 comment Print

Dy. CIT VS M/s. Divi’s Laboratories Ltd. (ITAT Hyderabad) – Section 195 of the Act has to be read along with the charging sections 4, 5 and 9 of the Act. One should not read section 195 to mean that the moment there is a remittance; the obligation to deduct TDS automatically arises. If we were to accept such contention, it would mean that on mere payment in India, income would be said to arise or accrue in India.

Mumbai – Fire in local market, many shops gutted

November 26, 2011 510 Views 0 comment Print

Mumbai, Nov 26 A major fire gutted three popular shopping complexes in south Mumbai early Saturday, the fire brigade said. There were no casualties. According to a fire brigade official, the fire broke out around 3.30 a.m. in the Sara-Sahara Mall, barely a stone’s throw away from Mumbai Police Commissionerate at Crawford Market.

Tax paid by employer on behalf of employee is perquisite

November 26, 2011 5899 Views 1 comment Print

Mr. Isao Sakai Vs. JCIT (ITAT Delhi) Tax paid by the employer on behalf of the employee is perquisite and can not be included in salary for valuation of concessional accommodation / Rent- Free House Property etc.

Proof of service outside India pre-requisite for beneficial tax claim – ITAT Pune

November 26, 2011 2777 Views 0 comment Print

Madhukar Vinayak Dhavale Vs. ITO, International taxation (ITAT Pune)- An individual who leaves India as a crew member of an Indian ship will be a non-resident if his stay in India is less than 182 days in the tax year.The assessee has not produced any evidence to support his claim that he stayed outside India for the purpose of employment beyond 158 days.

Transfer Pricing – Comparable rejected by TPO without giving cogent reasons must be presumed to be comparable and DR cannot argue to the contrary

November 26, 2011 4230 Views 0 comment Print

ACIT vs. Maersk Global Service Center (ITAT Mumbai) -The Special Bench of the Tribunal in Mahindra & Mahindra Limited Vs. DCIT [(2009) 122 TTJ (Mum.) (SB) 577] has laid down the proposition to the effect that the Departmental Representative has no jurisdiction to go beyond the order passed by the A.O. It has further been observed in this case that the scope of argument of the Departmental Representative should be confined to supporting ordefending the impugned order and he cannot be permitted to set up an altogether different case.

Gujrat HC decides at what stage it can be held that there had been an international transaction between taxpayer and its Associated Enterprises

November 26, 2011 1153 Views 0 comment Print

HC decides at what stage it can be held that there had been an international transaction between taxpayer and its Assocaited Enterprises

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