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Archive: 2011

Posts in 2011

Marketing and reservation charges are not Royalty or FIS and they are in the nature of business income and since the assessee does not have a PE in India, the same are not taxable in India

July 1, 2011 1023 Views 0 comment Print

Six Continents Hotels Inc. v DCIT (ITAT Mumbai) -Marketing and reservation contribution received by the assessee, non-resident, owner of a trademark from Indian hotel owners with a corresponding obligation to use it for the agreed purposes are not Royalty or Fees for Included Services and they are in the nature of business income and since the assessee does not have a PE in India, the same are not taxable in India.

PM rules out inclusion of higher judiciary in anti-corruption ombudsman

July 1, 2011 792 Views 0 comment Print

Asserting that he has no hesitation in subjecting himself to the jurisdiction of Lokpal, Prime Minister Manmohan Singh on Wednesday ruled out inclusion of higher judiciary within the ambit of the anti-corruption ombudsman. Bringing higher judiciary under the jurisdiction of the Lokpal would be contrary to the Constitutional scheme of things, he said while voicing confidence that a national consensus would be evolved on the proposeed Lokpal Bill.

Excise duty element cannot be added to value of unsold sugar lying in stock on last day of accounting year under section 145A

June 30, 2011 1324 Views 0 comment Print

CIT v Loknete Balasaheb Desai S.S.K. Ltd. (Bombay HC)- ITAT was justified in holding that in respect of unsold sugar lying in stock, central excise liability was not incurred and consequently the addition of excise duty made by the assessing officer to the value of the excisable goods was liable to be deleted.

Assessee, who merely acted as dealer in sale of Microsoft products, not liable to deduct tax

June 30, 2011 1992 Views 0 comment Print

CIT v Dynamic Vertical Software India Pvt. Ltd. (Delhi HC) – Is disallowance under section 40(a)(i) for non deduction of tax at source attracted in respect of payment for purchase of software from a non-resident, by treating the same as royalty in case where the purchase is for subsequent resale in the Indian market?

Prescribes simplified form for quarterly return of excisable goods cleared @ 1% Excise duty

June 30, 2011 1690 Views 0 comment Print

Notification No.15/2011-Central Excise (N.T.) New Delhi, dated the 30th June, 2011 G.S.R. (E). – In exercise of the powers conferred by sixth proviso to sub-rule (1) of rule 12 of the Central Excise Rules, 2002 the Central Board of Excise and Customs hereby specifies the form for quarterly return, namely:-

SARFAESI – Securitisation Companies and Reconstruction Companies (Reserve Bank) Guidelines and Directions, 2003

June 30, 2011 1711 Views 0 comment Print

The Reserve Bank of India, having considered it necessary in the public interest, and being satisfied that, for the purpose of enabling the Reserve Bank to regulate the financial system to the advantage of the country and to prevent the affairs of any Securitisation Company or Reconstruction Company from being conducted in a manner detrimental to the interest of investors or in any manner prejudicial to the interest of such Securitisation Company or Reconstruction Company

SARFAESI – Notification on Change in or Take Over of the Management of the Business of the Borrower by Securitisation Companies and Reconstruction Companies (Reserve Bank)

June 30, 2011 1818 Views 0 comment Print

In view of announcement in the Monetary Policy Statement, the Reserve Bank of India hereby notifies these guidelines, framed under section 9(a) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) to provide for the proper management of the business of the borrower to enable the Securitisation Company or Reconstruction Company (SC/RC) to realise their dues from the borrowers, by effecting change in or take over of the management of the business of the borrower and related matters.

NBFCs – Miscellaneous Non-Banking Companies (Reserve Bank) Directions, 1977

June 30, 2011 4474 Views 0 comment Print

NBFCs – Miscellaneous Non-Banking Companies (Reserve Bank) Directions, 1977 These directions shall be known as the Miscellaneous Non-Banking Companies (Reserve Bank) Directions, 1977. They shall come into force with effect from the 1st July, 1977 and any reference in these directions to the date of commencement thereof shall be deemed to be a reference to that date.

Non-Banking Financial (Non-Deposit Accepting or Holding) Companies Prudential Norms (Reserve Bank) Directions, 2007

June 30, 2011 5511 Views 0 comment Print

These Directions shall be known as the ‘Non-Banking Financial (Non-Deposit Accepting or Holding) Companies Prudential Norms (Reserve Bank) Directions, 2007’.

No penalty If facts clearly disclosed in Income Tax Return

June 30, 2011 2257 Views 0 comment Print

Facts (a) that the appellant had disclosed all material facts and (b) raising a legal claim, even if it is ultimately found to be legally unacceptable, cannot amount to furnishing of inaccurate particulars of income,

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