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Archive: January, 2012

Posts in January, 2012

The Shrinking Money and RBI’s Monetary Policy

January 9, 2012 903 Views 0 comment Print

In the global context, shrinking money could possibly be related to advanced countries’ fiscal excesses which have been fully accommodated by their respective central banks in conducting monetary policies. In other words, despite inflationary risks in the medium-run from the persistent easy monetary and liquidity conditions created by their central banks, monetary policy has no choice but remain subjugated to the fiscal excesses and the impact of such excesses on the economy. Moreover, monetary policy strategy in advanced economies has explored new options, particularly after hitting zero nominal interest rate bound, such as “quantitative easing” and “twist operations” but their effectiveness in delivering a durable robust recovery in growth has belied expectations.

Evolving Customer friendly Payment Systems in India – a continuing agenda

January 9, 2012 870 Views 0 comment Print

payment systems are continuously evolving, it is necessary that all the stakeholders including the regulators are continuously engaged in gearing up to provide safe, efficient, robust, accessible and affordable payment services to our citizens. The challenge therefore, is to understand the various issues and the subtle nuances of this ever evolving payments landscape and devise appropriate strategies- in short we should continue to stay ahead of the curve. Have we as an industry been able to achieve this? I have accordingly focused my thoughts on some issues in payment systems which I think need our collective attention.

Banking Sector – Maintaining Resilience to Risk and Shock and the role of the Accounting Profession

January 9, 2012 1050 Views 0 comment Print

The title of the current session Banking Sector: Resilience to Risk and Shock is also very topical. Maintaining resilience to risk and shock is an integral part of bank management and also bank regulation and supervision. However, the events of the last few years have underscored like never before the importance of ensuring that the banking sector builds up its ability to handle the headwinds of adverse events with relative equanimity. Over the years, many practices have been exposed in financial institutions that point to the importance of risk management and controls. Efforts have been ongoing, across the globe, to develop a risk management framework to identify where the key risks lie, and set out how they are to be managed. But, mishaps continue to surface, clearly indicating that the development of a fool proof risk management system is still a work in progress and whatever level of sophistication and advancement we reach, shocks are unavoidable.

Articles 7 of the Indo-Australia DTAA vs. Section 44D on FTS – Delhi High Court Reverses Law

January 9, 2012 2666 Views 0 comment Print

DIT Vs. Rio Tinto Technical Services (HC Delhi) – The payment in the present case is for furnishing of evaluation report. The fee paid is for the said purpose. To collect and collate the information and furnish evaluation report, the assessee was required and it was necessary to undertake certain tests, mapping and studies.

Royalty payment approved by RBI under FERA, 1973 considered adequate approval as per Industrial policy of the Government of India

January 8, 2012 2284 Views 0 comment Print

ADIT(IT) Vs Aditya Vikram Global House Ltd. (ITAT Mumbai)- Royalty payment pursuant to a technical collaboration agreement in accordance with the Industrial policy of the Government of India, is exempt in the hands of the foreign company under clause (a) of Section 10(6A) of the Income tax Act, 1961. The Tribunal also held that approval of the Reserve Bank of India is sufficient confirmation that the technical collaboration agreement is in accordance with the Industrial Policy.

Outsourcing no legal bar to section 10B exemption

January 8, 2012 1365 Views 0 comment Print

Taurus Merchandising Pvt. Ltd. v. ITO (ITAT Delhi)- It was held that the new export-oriented unit of the assessee cannot be said to be formed by the reconstruction or splitting of a business already in existence. The Tribunal has also held that it is not necessary for the assessee to produce its products so as to become eligible for claiming exemption under section 10B of the Income-tax Act, 1961 (the Act).

Non-prospecting related expenditure incurred prior to commencement of mining is deductible u/s. 37 of the Income-tax Act

January 8, 2012 2273 Views 0 comment Print

De Beers India Prospecting Pvt.Ltd Vs. Income Tax Officer (ITAT Mumbai) – it was held that prospecting and examining are important activities to undertake mining. Accordingly, it can be concluded that the taxpayer had commenced its business from the time it started the prospecting activity and therefore, non-prospecting related expenditure is deductible under Section 37 of the Income-tax Act, 1961 (the Act) even though it was incurred prior to commencement of mining.

Non-compete fees accrues on the appointed date of the Scheme and not in the year of approval

January 8, 2012 1324 Views 0 comment Print

DCIT Vs. J.K. Investo Trade (India) Ltd. (ITAT Mumbai)- Issue before the Tribunal was that Whether non-compete fees payable pursuant to a joint venture agreement for transfer of manufacturing division, through a Scheme of arrangement, which is sanctioned by the High Court is taxable in the year of Appointed Date or Year of sanction of the Scheme or on receipt?

Company Secretaries (Amendment) Act, 2011- (No. 4 of 2012)

January 8, 2012 2375 Views 0 comment Print

An Act further to amend the Company Secretaries Act, 1980. Be it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:— Short title and commencement. 1. (1) This Act may be called the Company Secretaries (Amendment) Act, 2011.

Excise Department superintendent and middleman sent to CBI custody for 3 more days

January 8, 2012 2614 Views 0 comment Print

A Delhi court today allowed the CBI to interrogate for three more days in custody a Central Excise Department superintendent and an alleged middleman, arrested in connection with receiving around Rs 40 lakh as bribe for not taking action against two businessmen. Special judge Talwant Singh extended the CBI custody of superintendent Lallan Ojha and alleged middleman Hemant Gandhi after they were produced before him.

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