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Archive: 2011

Posts in 2011

TDS – Is payment for hiring of vehicles a contractual payment or Rent?

April 29, 2011 10983 Views 0 comment Print

ACIT (TDS) vs Accenture Services P Ltd. – The provisions of section 194C shall apply to all types of contracts for carrying out work including transport contract, service contract etc. Transport contract would also include contract for loading and unloading of goods and also cover contracts for plying buses along with the staff

Companies allowed service of documents to its members through electronic mode

April 29, 2011 1131 Views 0 comment Print

Service of documents through electronic mode shall be available to the companies obtaining e-mail addresses of its members, for sending the notice/ documents through e-mail, by giving an advance opportunity to every shareholder for registering their email address and any changes therein from time to time.

Amendment to Canteen Stores Exemption Notification – Notification No. VAT-1511/CR. 64/Taxation-1

April 29, 2011 1763 Views 0 comment Print

The liquor covered by entry 1 2 and 3 of Schedule I) of the Maharashtra Value Added Tax Act 2002 are purchased from the registered dealers within State and tax is paid or has become payable on purchase of liquor at earlier stage.

Summary of Service Tax Notifications Notification 29/2011 to 37/2011

April 29, 2011 6113 Views 0 comment Print

CBEC issues service tax Notifications 29 to 37 on 25 April 2011 which includes Notification bringing into force certain provisions of the Finance Act, 2011 with effect from 1 May 2011. All these notifications will be effective from 1 May 2011. Finance Act, 2011 brought into force with effect from 1 May 2011 :- The new taxable services and amendments to existing taxable services defined under section 65 of Finance Act, 1994 (the Act) will be brought into effect from 1 May 2011.

Maharashtra Value Added Tax (Third Amendment) Rules, 2011- Notification No. VAT 1511/CR 58/ Taxation-1

April 29, 2011 5954 Views 0 comment Print

These rules may be called the Maharashtra Value Added Tax (Third Amendment) Rules, 2011 and they shall come into force with effect from the date 1st May 2011. These rules amends rule 53 , 54, 55A and insert rule 60A after rule 60.

Service Tax on Individual lawyers stayed by Delhi High Court

April 29, 2011 2489 Views 0 comment Print

Delhi High Court today (Friday – 29.4.2011) stayed the Notification levying service tax on representational services rendered by individual lawyers to business entities, till further orders and fixed the next date of hearing on 23.5.2011, with directions to UOI to file counter in a fortnight. The stay was given in response to Writ Petition filed in the Delhi High Court bearing WP No. 2792 of 2011 by Delhi Bar Association to challenge the levy of service-tax on “Legal Consultancy Services”.

Issue of Irrevocable Payment Commitment (IPCs) to Stock Exchanges on behalf of Mutual Funds (MFs) and Foreign Institutional Investors (FIIs)

April 29, 2011 2307 Views 0 comment Print

A.P. (DIR Series) Circular No. 54 It has now been decided to allow custodian banks to issue Irrevocable Payment Commitments (IPCs) in favour of the Stock Exchanges / Clearing Corporations of the Stock Exchanges, on behalf of their FII clients for purchase of shares under the PIS. Issue of IPCs should be in accordance with the Reserve Bank regulations on banks’ exposure to the capital market issued by the Reserve Bank from time to time. Further, AD Category – I banks may also comply with the instructions issued by our Department of Banking Operations and Development (DBOD) vide circular no. DBOD Dir. BC.46/13.03.00/2010-11 dated September 30, 2010.

Writ Petition will be not be maintainable against the award of RBI Ombudsman

April 29, 2011 3736 Views 0 comment Print

High Court rightly dismissed the petition on the ground that an efficacious remedy was available to the appellants under Section 17 of the Act. It is well-settled that ORDINARILY RELIEF UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA IS NOT AVAILABLE IF AN EFFICACIOUS ALTERNATIVE REMEDY IS AVAILABLE TO ANY AGGRIEVED PERSON. (See: Sadhana Lodh Vs. National Insurance Co. Ltd. & Anr. (2003) 3 SCC 524; Surya Dev Rai Vs. Ram Chander Rai & Ors. (2003) 6 SCC 675; State Bank of India Vs. Allied Chemical Laboratories & Anr. (2006) 9 SCC 252).

Prosecution of legal heirs of former employee U/s. 630 of CA, 1956

April 29, 2011 6623 Views 0 comment Print

Wrongful withholding of company property is an offence and the wrong doer can be proceeded against under section 630 of the Companies Act. Whether this section can be pressed into service even against the legal heirs of past employee is the crucial question examined in the light of recent judicial elucidations.

Securitisation Act is Violative of the Right to Shelter as a Fundamental Right

April 29, 2011 2512 Views 0 comment Print

Hon’ble Supreme Court in U.P. Avas Evam Vikas Parishad & Anr. Vs. Friends Coop. Housing Society Ltd. & Anr. (AIR 1996 SC 114; Date of Judgment 24/04/1995) held that Right to shelter is a fundamental right, which springs from the right to residence assured in Article.19 (1) (e) and right to life under Article. 21 of the Constitution.

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