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Archive: 2011

Posts in 2011

Maharashtra govt reduces Vat on diesel, kerosene

June 30, 2011 2315 Views 0 comment Print

In a bid to minimise the impact of recent fuel price hike on consumers, the Maharashtra government today reduced Value Added Tax (Vat) on diesel and kerosene by two per cent. Chief minister Mr Prithviraj Chavan told reporters here after the Cabinet meeting that the new rates of Vat on diesel in Mumbai, Thane and Navi Mumbai would come down to 24 per cent from the existing 26 per cent. While in rest of the state, the Vat rate will decrease from 23 to 21 per cent.

$2.6 bn tax on deal with Hutchison unfair – Vodafone CFO

June 30, 2011 804 Views 0 comment Print

Terming the $2.6 billion tax liability on the company as ‘inequitable’, UK-based Vodafone today questioned the Indian authorities for not raising the tax claim on the party (Hutchison) which made profit by selling its stake. Vodafone exuded confidence that there was no tax payable on its deal for buying majority stake of Hutchison in Indian telecom firm Hutchison-Essar for over $11 billion in 2007.

India negotiating changes in DTAA with Mauritius – Pranab Mukherjee

June 30, 2011 885 Views 0 comment Print

Finance Minister Pranab Mukherjee today said the government is negotiating changes in a tax treaty with Mauritius, the country which accounts for the maximum foreign investment in India. So far as Mauritius is concerned, we are having discussions with them for amendment of the avoidance of double taxation agreement. Talks are going on, Mukherjee told PTI when asked whether the government is looking at the possibility of imposing levies on inflows from tax havens.

Efficacy of Concurrent Audit – CAs to verify the authenticity of property valuation certificate, legal certificate, guarantee/line of credit or any other third party certification

June 30, 2011 2444 Views 0 comment Print

DBS. CO.FrMC.BC.No. 11/23.04.001/2010-11 In order to contain the frauds, the banks may put in place a system wherein the concurrent audit would look into the following and report on the following aspects: Wherever a Chartered Accountant certificate, property valuation certificate, legal certificate, guarantee/line of credit or any other third party certification is submitted by the borrower, the bank should independently verify the authenticity of such certification by directly communicating with the concerned authority issuing the certificate; indirect confirmation may also be resorted to, ie. indicating to the issuer that in case there is no response by a certain deadline, it would be assumed that the certificate is genuine.

RBI extends time limit for buyback of Foreign Currency Convertible Bonds (FCCBs)

June 30, 2011 1537 Views 0 comment Print

A. P. (DIR Series) Circular No.75 After reviewing the current policy on buyback/prepayment of Foreign Currency Convertible Bonds (FCCBs), the Reserve Bank in consultation with the Government of India, has decided to extend the time limit for buyback of FCCBs issued by Indian companies up to March 31, 2012 at reduced discount rates. Accordingly, Indian companies have been permitted to buyback the FCCBs at a minimum discount of 8 per cent on the book value utilizing their foreign currency funds under the automatic route. Indian companies may also buyback the FCCBs at a minimum discount between 10 and 20 per cent on the book value utilizing their internal accruals under the approval route.

RBI allows issue of shares under FDI scheme under the Government route

June 30, 2011 1366 Views 0 comment Print

The Reserve Bank of India (RBI) said it has decided to permit the issuance of equity, preference shares under the government route of the foreign direct investment scheme for some categories vide its A. P. (DIR Series) Circular No.74 Dated- June 30, 2011. Circular specifies that Payments should be made directly by the foreign investor to the company. Payments made through third parties citing the absence of a bank account or similar such reasons will not be eligible for issuance of shares towards FDI.

ICAI President's Message – July 2011

June 29, 2011 8225 Views 0 comment Print

CPT Online Registrations: The students can register themselves 24*7 to CPT course using this online form which is also having the facility to pay course fee online using credit/debit cards/net banking of various banks. This will bring our students closer to the doorsteps of the ICAI, and other such forms will also be available online in due course. I request all of you to encourage students to use this online facility.

S. 194C(2) No TDS on freight paid to lorry owners who merely placed the vehicles at assessee disposal & never involved themselves in work to be carried out by assessee for FCI

June 29, 2011 12768 Views 0 comment Print

ITO Vs. Vijay Bharat Roadlines Pvt. Ltd. (ITAT Delhi) -Whether the assessee was not liable to deduct tax at source as per the provisions of section 194C(2) of the Act , for the payment of freight charges amounting to 1,32,58,651/- made to the lorry owners and consequently, the provisions of section 40(a)(ia) of the Act were not applicable to such payments. Held, Yes the payments in question were made to lorry/truck owners who merely placed the vehicles at the disposal of the assessee and never involved themselves in the work to be carried out by the assessee for FCI.

Expenses incurred on recruitment and training of employees can not be held capital merely because assessee may earn benefits of enduring nature

June 29, 2011 12063 Views 0 comment Print

DCIT Vs M/s Sapient Corporation Pvt Ltd. (ITAT Delhi) – It is by now well-settled that if the expenditure incurred by the taxpayer is of revenue nature, the same is entirely deductible even if there accrues an advantage of enduring nature in favour of the taxpayer as a result of the said expenditure. This is because going by the very nature of the expenditure being revenue, it operates in the revenue field leaving the capital field untouched.

When the issue of siphoning off of funds is settled by the CIT(A), review proceedings u/s 263 cannot be initiated

June 29, 2011 2274 Views 0 comment Print

Rambagh Palace Hotels Pvt Ltd Vs ITO (ITAT Delhi) – In this case ld CIT(A) had adjudicated upon on all the issues. Therefore, the assessment order has merged in the order of CIT(A). Hence, ld. CIT was debarred to assume jurisdiction u/s 263 of the Act. The assessment cannot be treated as erroneous in so far as prejudicial to the interest of revenue merely on the basis of a complaint and that too for the purpose of making roving enquiries.

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