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Archive: 2011

Posts in 2011

ROC may ask company to make good the default in filing from No. 8

August 8, 2011 2417 Views 0 comment Print

In the instant case, the respondent-company failed to file Form No. 8 with the concerned RoC. Therefore, the RoC, is directed to exercise his powers under section 234(1) by calling information with regard to filing of Form No. 8 and direct the respondent-company to make good the default in non-filing of e-form No. 8 under section 125. In case the respondent-company fails to comply with the order, the RoC may take appropriate action against the respondent-company in accordance with law.

Opening of ‘Small Bank Account’ – NREGA job card and letters issued by the UIDAI can be treated ac KYC documents

August 8, 2011 3075 Views 0 comment Print

The Notification has also expanded the definition of ‘officially valid document’ as contained in clause (d) of Rule 2(1) of the PML Rules to include job card issued by NREGA duly signed by an officer of the State Government or the letters issued by the Unique Identification Authority of India containing details of name, address and Aadhaar number. RPCD.CO RRB.AML.BC.No.15 /03.05.33(E)/2011-12

Trade Restrictions by WTO

August 8, 2011 759 Views 0 comment Print

The draft proposals being negotiated in the World Trade Organisation (WTO) for agricultural trade liberalisation include several special provisions for developing countries. These include, inter alia, lower tariff cuts than those to be undertaken by developed countries, self-designation of Special Products that would take lower or no tariff cuts and a Special Safeguard Mechanism that would allow imposition of an additional duty in the event of a surge in import volumes or a fall in prices.

Erection commissioning or installation Service – No Service Tax on laying of Plumbing, drain laying or other installations for transport of fluids etc before 16.5.2005

August 8, 2011 14049 Views 1 comment Print

Section 65(39a) was amended by substituting vide Section 88 of the Finance Act, 2005, which is reproduced below. (39a)’erection, commissioning or installation’ means any service provided by a commissioning and installation agency, in relation to:- (i) erection, commissioning or installation of plant, machinery or equipment; or (ii) installation of– (a) electrical and electronic devices, including wirings or fittings therefore; or (b) plumbing, drain laying or other installations for transport of fluids; or

US Employment…….. Dow Jones Bubble

August 7, 2011 1334 Views 0 comment Print

Another round cooked number were presented to keep the face of DOWJONES above 12000 marks. Obama administration has again and will try in future to keep the face of Wall Street to be promising when in real terms it has no words to make any promise. The community of financial analyst should try to avoid and cut US economy from the map of investments and prospects or any type of clue which will guide the world market. Since cooked numbers will only give birth to bubble of speculation, where the future becomes quite dark.

When assessee mistakenly offers to tax interest income and also pays tax on such income, assessee should make rectification and /or waiver petition

August 7, 2011 2124 Views 0 comment Print

Housing and Urban Dev Corp Ltd. Vs JCIT (Supreme Court of India)- On submission of counsel that assessee intend to make application before CBDT, the SC permitted assessee to make a representation to the CBDT, within fifteen days under s 119(2) either for the waiver of interest or to condone the delay in filing the rectification application under s 154 on account of a mistake, the interest income was offered to tax and the tax was also paid on it.

When the assessee does not get exclusive right over the technical knowhow and the trade mark, the royalty paid is revenue expenditure

August 7, 2011 927 Views 0 comment Print

CIT vs G4S Securities System (India) Private Limited (Delhi High Court)- Payment of royalty by the assessee on a year-to-year basis on the net sales in lieu of technical know-how assistance and the trademark would not amount to capital expenditure and will amount to revenue expenditure. The ownership rights of the trademark and know-how throughout were vested with G4F and on the expiration or termination of the agreement, the assessee was to return all G4F know-how obtained by it under the agreement. The payment of royalty was also to be on a year-to-year basis on the net sales of the assessee and at no point of time was the assessee entitled to become the exclusive owner of the technical know-how and the trademark. Hence, the expenditure incurred by the assessee as royalty is revenue expenditure and is, therefore, relatable under s 37(1) of the Act.

Benefit of s 43B(a) cannot be denied to the assessee on the ground that the excise duty was paid in advance in accordance with the mercantile system of accounting

August 7, 2011 6587 Views 0 comment Print

Paharpur Cooling Towers Ltd Vs CIT (High Court of Calcutta) – It was never the intention of the legislature to deprive an assessee of the benefit of deduction of tax, duty etc. actually paid by him during the previous year, although in advance, according to the method of accounting followed by him. If we accept the reasoning given by the Tribunal, an advance payer of tax, duty etc. payable in accordance with the method of accounting followed by him will not be entitled to get the benefit even in the next year when liability to pay would accrue in accordance with the method of accounting followed by him because the benefit of Section 43B is given on the basis of actual payment made in the previous year.

Income Tax Department to share PAN database with NATGRID

August 7, 2011 2445 Views 0 comment Print

The Income Tax department has decided to share it’s PAN card database with the NATGRID — a network aimed to initiate robust information sharing amongst law enforcement agencies to tackle terror threats at home and abroad. The department, after getting approval from the Central Board of Direct Taxes (CBDT), has however, stopped short of sharing the ‘sensitive’ and ‘highly sensitive’ database of taxpayers and entities related to financial transactions and investigations.

FM – Confident to Achieve Appreciable Growth Despite Negative Sentiments Across the World;

August 7, 2011 711 Views 0 comment Print

The Union Finance Minister Shri Pranab Mukherjee said that we would continue to achieve appreciable growth despite negative sentiments across the world. He mentioned about these sentiments in the developed nations which affected our markets on last Friday. But the Finance Minister Shri Mukherjee said that we witnessed some recovery already and this is testimony to our capacity for resilience. Shri Mukherjee said that our growth story is intact and the fundamentals are strong. He said that he is sure that our markets have the capacity to withstand the negative sentiments affecting the external world. The Finance Minister Shri Mukherjee said that we have taken several measures to make our markets attractive, robust and vibrant and would continue to do so making it an attractive investment destination for the foreign capital. The Finance Minister said that as global investors look for opportunities across the world, India’s attraction as an investment destination would continue to grow.

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