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Archive: 2011

Posts in 2011

RBI prohibits Money Masters Leasing & Finance Limited (MMLFL) from accepting deposits

December 26, 2011 1333 Views 0 comment Print

The Reserve Bank of India in exercise of powers vested in it under Section 45MB (1) and 45 MB (2) of the Reserve Bank of India Act, 1934, has prohibited with immediate effect Money Masters Leasing & Finance Limited, having its registered office at 1/18, Rizvi Park, S.V.Road, Santacruz (W), Mumbai–400054 from accepting public deposits from any person in any form whether by way of fresh deposits or renewal of the deposits or otherwise as well as from selling, transferring, creating charge or mortgage or deal in any manner with its property and assets without prior permission of the Bank for a period of six months from the date of this order.

Non-Banking Financial (Non-Deposit Accepting or Holding) Companies Prudential Norms (Reserve Bank) Directions, 2007 – Amendment in para 16(2)

December 26, 2011 915 Views 0 comment Print

Potential future exposures should be based on ‘effective’ rather than ‘apparent notional amounts’. In the event that the ‘stated notional amount’ is leveraged or enhanced by the structure of the transaction, the ‘effective notional amount’ must be used for determining potential future exposure. For example, a stated notional amount of USD 1 million with payments based on an internal rate of two times the lending rate of the NBFC would have an effective notional amount of USD 2 million.

Revised Faqs Relating To Work Related Visas Issued By India

December 25, 2011 1567 Views 0 comment Print

What are the conditions to be fulfilled for grant of a Business visa? Ans.: The conditions to be fulfilled for grant of a Business visa are as follows:- (i) The foreign national must have a valid travel document and a re-entry permit, if required under the law of the country of nationality of the applicant. (ii) The foreign national should be a person of assured financial standing. The foreigner must submit proof of his/her financial standing and documentation in support of intended business visit to India. Proof of his financial standing and expertise in the field of intended business will be checked thoroughly by the Indian Missions while granting the visa.

Union Budget 2012 likely to be delayed by a few days

December 25, 2011 963 Views 0 comment Print

The Union Budget is likely to be delayed by a few days, government sources have said. The Union budget and Railway budget are likely to be tabled in the first week of March, they said. That’s only after assembly elections in five states – Uttar Pradesh, Punjab, Uttarakhand, Goa and Manipur – are over.

Deemed service provider is entitled to avail Cenvat Credit on inputs/input services/capital goods for payment of GTA service tax – Stay Granted

December 25, 2011 2628 Views 0 comment Print

Brief facts arising for consideration of the case are that the appellant M/s Tata AIG Life Insurance Co. Ltd. are holders of service tax registration under the category of Insurance auxiliary services. The service rendered by insurance agents is covered under the category of insurance auxiliary services. However, the liability to pay service tax on such services is on the recipient of the services, which are the insurance companies who engage the agents as per the provisions of rule 2(1)(d)(iii) of the Service Tax Rules, 1994. It was observed that the appellant had utilized input service tax credit in respect of service tax on insurance auxiliary services. The department was of the view that since the appellant is only a recipient of the service and is not providing any output service, they cannot utilize any input service tax credit for payment of service tax on Insurance auxiliary service.

Stay Petition – Existence of two different views justifies waiver of predeposit

December 25, 2011 948 Views 0 comment Print

Assessees have made out a strong prima facie case on the ground that, although they were charging management fees from the bank who lend/advance money to the SHGs, they were a non-profit making organization as no profit or income or profit was paid or transferred to their members directly or indirectly by way of dividend or bonus. This view finds support from the decision of the Tribunal in M/s. Institute of Banking Personnel Selection Vs CST, Mumbai [2007 (8) STR 529].

XBRL Report now available in Tally.ERP 9

December 25, 2011 3342 Views 0 comment Print

The Highlights in Tally.ERP 9 Series A Release 3.3 are: 1. MCA’s Statutory Report (in XBRL format) now available in Tally.ERP 9 2. The user experience for Market place has been enhanced 3. In Dealer Excise Enhancements 4. Manufacturers Excise Enhancements 5. New Eligibility criteria for ESI is supported for Payroll computation

Whether trade discount amounts received from newspapers for sale of space to be treated as commission and taxable under the Business Auxiliary Service or not

December 25, 2011 2001 Views 0 comment Print

The issue involved in the matter is whether the trade discount amounts received by the appellant to be treated as commission and taxable under the Business Auxiliary Service or not. The liability in that regard is essentially to be decided on the basis of the provisions of law comprised under the service tax statute. Besides the provisions of the said rules which are brought to our notice rather than disclosing principal to principal relationship between the publisher of the newspaper and the appellants, overall reading of the said rules disclose certain disciplinary control by the Newspaper Society over the appellants as far as it relates to advertising services are concerned which would, prima-facie, disclose the trade discount to be in the nature of commission to the agents.

Service Tax –Commission received in advance cannot be considered as payment for service even prior to actual rendering of service

December 25, 2011 1023 Views 0 comment Print

Explanation to Rule 6(1) of the Service Tax Rules provide that for removal of doubt, it is clarified that in case the value of taxable service is received before providing of the said service, then the service tax is required to be paid on the value of the service, then the service tax is required to be paid on the value of the service attributable for the relevant month or quarter as the case may be. Ld. Chartered Accountant for the appellants has also drawn our attention to the fact that the said explanation ceased to be on the statute book from 12 th September, 2007.

Clubbing of Income under Income Tax Act, 1961

December 25, 2011 6608 Views 0 comment Print

Under Section 4 of the income tax act every person is chargeable to income tax in respect of his total income i.e. income, profits & gains accruing or arising to, or received by him but subject to provisions of the Act, which are contained in Section 60-62 of the Act. Section 60-Transfer of income where there is no transfer of assets Section 60 runs as – All income arising to any person by virtue of a transfer whether revocable or not and whether effected before or after the commencement of this Act shall, where there is no transfer of the assets from which the income arises, be chargeable to income –tax as the income of the transferor and shall be included in his total income.

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