Bindview India P. Ltd. Vs. DCIT (ITAT Pune)- In light of Pune bench’s decision in the case of Starent Networks (I) P. Ltd. Pune v. DCIT, the assessee’s claim for +/- 5% in order to compute arm’s length price in terms of erstwhile proviso to section 92C(2) of the Act is accepted. Provisions of sub-Rule (4) of Rule 10B are quite explicit and provide for analysing the comparability of an uncontrolled transaction with the international transaction in question on the basis of the data relating to financial year in which the international transaction sought to be tested has been entered into.
As you would be aware, the Council of the Institute introduced the concept of Peer Review by issuing the Statement on Peer Review in the year 2002. The primary objective behind this was to conduct Peer Review of CA firms (Practice Units) for ensuring as well as improving the quality of Attestation services being rendered by the members in Practice thereby enhancing the confidence of the various stakeholders.
In connection with the recently issued circulars/notifications concerning cost accounting records and cost audit, following clarifications are issued: (a) That the companies covered under Companies (Cost Accounting Records) Rules, 2011 shall only file a simple compliance report as per the notified Form-B (copy enclosed) and no other details of cost records are required to be filed with the Government. If all the products/activities of a company, excluding the exempted categories, are covered under cost audit, then the company will not be required to separately file the compliance report.
The Service Tax Commissionerate, New Delhi proposes to draw a panel of auditors for conducting special audit under Section 14 AA of the Central Excise Act as made applicable to Service Tax matters by the Chartered Accountants and the Cost Accountants. Please find attached the scanned copy of the Notice for Expression of Interest issued for the purpose.
That the Companies (Cost Accounting Records) Rules, 2011 are not applicable to: (i) Wholesale or retail trading activities. (ii) Banking, financial, leasing, investment, insurance, education, healthcare, tourism, travel, hospitality, recreation, transport services, business/professional consultancy, IT & IT enabled services, research & development, postal/courier services, etc. unless any of these have been specifically covered under any other Cost Accounting Records Rules.
India has received information on around 1,500 transactions from Denmark and Finland under Double Taxation Avoidance Agreements with these countries and the CBDT is looking into the data.
As per extant Direct Investment (FDI) policy, as contained in ‘Circular 2 of 2011-Consolidated FDI Policy’, FDI, upto 100% is allowed under the automatic route, in ‘Construction development: Township, Housing Built-up infrastructure’, subject to compliance with the conditions of minimum area, minimum capitalization, lock-in period etc. These conditionalties are not applicable to FDI in Hotels & Tourism, Hospitals, Special Economic Zones (SEZs), Education Sector, Old age Homes and investment by NRIs. This dispensation has been extended to the ‘Education Sector’ and ‘Old age Homes’ effective from 01.01.2011.
F.No. 528/133/2011-STO (TU) he Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008 Rules prescribe the manner in which the specified health warning shall be displayed on the tobacco product packs covering all types of tobacco products produced, supplied, imported and distributed in India. The Rules came into effect from 31st May, 2009.
The Union Finance Minister Shri Pranab Mukherjee said though second quarter (Q2) estimates of the Gross Domestic Product (GDP) are low by our recent growth experience yet considering the current global context and the slowdown in the domestic industrial sector, the growth performance is not all that disappointing. Earlier the Central Statistical Organisation(CSO) has released the second quarter (Q2) estimates of the Gross Domestic Product. The GDP growth in Q2 2011-12 at factor cost and at 2004-05 prices is estimated at 6.9 per cent. With that the first half (H1) growth for 2011-12 amounts to 7.3 per cent in real terms.
Please refer to the guidelines on Credit Default Swaps on corporate bonds issued vide Circular IDMD.PCD.No. 5053 / 14.03.04 / 2010-11 dated May 23, 2011. As indicated in paragraph 3.5 of the circular, market participants will have to follow the capital adequacy guidelines for CDS issued by their respective regulators. Accordingly, guidelines on capital adequacy and exposure norms to standalone Primary Dealers (PDs) undertaking CDS transactions are enclosed as Annex.
