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Archive: 2011

Posts in 2011

Payments received by a non-resident for Value Added Services (VAS) is partly treated as ‘Royalty’ and partly as ‘Fees for Technical Services’ under India-UK tax treaty

December 11, 2011 1506 Views 0 comment Print

De Beers UK Limited Vs. DCIT (ITAT Mumbai)- The Tribunal held that the payment for VAS has to be considered partly as royalty under para 3(a) of Article 13 of the tax treaty being the payment for various types of information of commercial nature acquired based on past experience and partly as FTS under para 4(a) of Article 13 of the tax treaty being the payment attributable to the services rendered by the Key Account Manager (KAM) or through workshops, etc. which were ancillary and subsidiary to application or enjoyment of the information or being payment for marketing consultancy services which were ancillary and subsidiary to the application or enjoyment of brand.

National Savings Certificates-IX Issued specified as class of Savings Certificates to which Government Savings Certificates Act, 1959 will apply

December 11, 2011 1003 Views 0 comment Print

Notification No. G.S.R. 868(E), dated 07-12-2011- In exercise of the powers conferred by section 1(3) of the Government Savings Certificates Act, 1959, the Central Government through this notification has specified that National Savings Certificates-IX Issue shall be the class of Savings Certificates to which the said Act applies. Accordingly, subscription to such saving certificates would qualify for deduction under section 80C.

Indirect tax collection rises 16.8 percent during the first eight months of the current fiscal

December 11, 2011 1084 Views 0 comment Print

Indirect tax collections rose 16.8% during the first eight months of the current fiscal to Rs 2,52,544 crore, prompting the Central Board of Excise and Customs (CBEC) to express “optimism” in achieving the revised Budget estimate target.However, Central Excise collections dropped by 6.5% to Rs 11,761 crore in November, mainly on account of cut in petroleum duties and lesser clearances.

Taxes paid by the employer is treated as perquisites included in the salary and cannot be consider monetary payment to employee

December 11, 2011 4019 Views 0 comment Print

The decision of CIT Vs. America Counting Corporation 123 ITR 513, noted above also supports the view that taxes paid on behalf of the assessee is a perquisite or a benefit, but not income from business. It could not be taxed except under clause (iv) of Section 28 which provided that a benefit or perquisite was liable to be charged to tax.

Delhi HC stays CIC Order asking RBI to reveal name of defaulters

December 11, 2011 1190 Views 0 comment Print

The Delhi High Court today stayed the direction of the Central Information Commission (CIC) asking the Reserve Bank of India to provide details of industrialists who have defaulted in repayment of loans taken from nationalised banks. A bench of Justice Vipin Sanghi, in its interim ex parte order, asked the information-seeker to respond to the petition filed by the RBI challenging the CIC order.

Voluminous info received on black money, informs IT Dept

December 11, 2011 1090 Views 0 comment Print

The Income Tax Department has received more than 30,000 pieces of information from various countries on stashed black money under the Double Taxation Avoidance Agreement, DTAA. The Financial Intelligence Unit (FIU), under the Finance Ministry has gathered voluminous data on suspicious transactions, the department informed a global Organisation for Economic Cooperation and Development, OECD conference held in New Delhi recently.

Instructions regarding strict compliance of Rule 3(2)(ii) to (iv) of CCS (Conduct) Rules in respect of directions issued by superior officers to their subordinate officers

December 11, 2011 1891 Views 0 comment Print

It has been observed during the processing of vigilance complaints wherein Assessing Officers have claimed that the particular action/decisions were taken after discussion with and as per the directions of their controlling Range Head, though, no such written directions were found on the record. In a few cases, an office note was found to be recorded stating, that issues involved in the order were discussed with the Range Head but the office note was not found to have been ratified by the controlling Range Head.

ICSI Foundation Day Celebrations Vision of Professional Body Like The ICSI and its Members Should Capture Expectations of its Various Stakeholders-RPN Singh

December 11, 2011 1282 Views 0 comment Print

The professionals like Company Secretaries have been playing an important role in shaping modern Corporate India .He appreciated the efforts of the Institute of Company Secretaries of India and said that the ICSI and its members have made a name for themselves in economic development of the country through evolving standards of corporate governance and compliances.

IFCI to raise over Rs 100 crore via tax-saving infra bonds

December 11, 2011 1276 Views 0 comment Print

IFCI is in the process of raising more than Rs 100 crore from tax saving infrastructure bonds to fund infra projects. According to the offer document, the issue comprises of Rs 100 crore plus unspecified green shoe option. These bonds are of two maturities – 10 years with coupon of 9.09% and 15 years with coupon of 9.16%, it said.

RBI Board meets at Kolkata; State Govt., Banks and RBI to work together for meaningful Financial Inclusion

December 11, 2011 918 Views 0 comment Print

The Central Board of Directors of the Reserve Bank of India met today at Kolkata. Dr. D. Subbarao, Governor, Reserve Bank of India chaired the meeting. Directors Sarva Shri Dr. Anil Kakodkar, Kiran Karnik, M.V.Rajeev Gowda, Y.H.Malegam, Azim Premji, Dipankar Gupta, G. M. Rao, Ms. Ela Bhatt and Dr. Indira Rajaraman attended the meeting. The Government nominee, Shri R.Gopalan, Secretary, Department of Economic Affairs also attended the meeting. Deputy Governors Dr. K.C.Chakrabarty, Dr. Subir Gokarn, Shri Anand Sinha and Shri H.R. Khan were also present.

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