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Archive: April, 2012

Posts in April, 2012

Guidelines on Credit Default Swaps for Corporate Bonds-Permitting All India Financial Institutions

April 23, 2012 532 Views 0 comment Print

A reference is invited to our circular IDMD.PCD.No.5053/14.03.04/2010-11 dated May 23, 2011 enclosing the Guidelines on Credit Default Swaps for corporate bonds. As indicated in paragraph 2.1.1 of the guidelines, commercial banks, PDs, NBFCs, mutual funds, insurance companies, housing finance companies, provident funds, listed corporates and foreign institutional investors (FIIs) are permitted as users in the CDS market.

Section 32(1) not applicable If assessee is only permitted to use trade mark /brand name of foreign collaborator with certain conditions

April 23, 2012 1450 Views 0 comment Print

Therefore, in view of the Hon’ble Bombay High Court’s decision (supra), we, set aside the orders of the lower authorities and direct the Assessing Officer not to apply Rule 8D in the present case since the assessment year under appeal is 2005-06 and Rule 8D is applicable only from the assessment year 2008-09.

Appointment of Common Adjudicating Authority -Notification No.36 / 2012 – Customs (N.T.)

April 23, 2012 423 Views 0 comment Print

Notification No.36 / 2012 – Customs (N.T.) for the purpose of adjudicating the matters relating to Show Cause Notice pertaining to M/s Jupiter Tools Corporation, 1, Minerva Motor Marhet, Kashmere Gate, Delhi-6 and M/s Suri & Co., 2712A, Lothian Road, Kashmere Gate, Delhi-6, issued vide, DRI F.No. 856(11)Ldh/2010/Pt.IV/265-279 dated the 13th February, 2012 by the Joint, Directorate of Revenue Intelligence, Ludhiana Regional Unit, Ludhiana.

Notification No. 35 /2012 -Customs (N.T.) to amend Notification No.12/97-Customs (N.T.)

April 23, 2012 1218 Views 0 comment Print

Notification No. 35 /2012 – Customs (N.T.) In exercise of the powers conferred by clause (aa) of sub-section (1) of section 7 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 12/97-Customs (N.T.), dated the 2nd April, 1997, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide number G.S.R. 193(E), dated the 2nd April, 1997, namely:-

Form 49A, Form 49AA , PAN Correction / Reprint Form – Excel Utility

April 23, 2012 373311 Views 32 comments Print

Download Automatic Excel Utility for Application for allotment of New PAN (Form 49A) – applicable for Citizens of India. This form should be used when the applicant has never applied for a PAN or does not have PAN allotted to him. An applicant can visit Income Tax Department (ITD) website to find whether a PAN has been allotted to him or not. Indian citizens located outside India should also use this form.

Assesee only can decide whether or not to incur expenditure

April 22, 2012 3558 Views 0 comment Print

Income Tax department cannot dictate Assessee whether or not to incur expenditure. Arm’s length price of royalty expenditure not to be linked with profit/income resulting therefrom. Losses are not a valid ground to disallow royalty expenditure. CIT VS. EKL APPLIANCES LTD (Delhi HC)

Budget 2012- Post Budget Suggestions by ICAI

April 22, 2012 2957 Views 0 comment Print

Rates of Taxes -The basic exemption limit of resident women below the age of 60 years may be increased to Rs.2,25,000. The basic exemption limit of resident individuals of the age of 60 years or more at any time during the previous year may be increased to Rs. 3,00,000.Amendment in Section 9(1) -(a)(i) It is suggested that Explanations 4 and 5 to section 9( 1)(i) and other consequential amendments in sections 2(14) and 2(47) may be given effect to prospectively, i.e. with effect from A.Y. 2013-14, to avoid undue hardship to tax payers consequent to which penalty proceedings may be attracted for –

Study Team to suggest Common Tax Code for Service Tax & Excise

April 22, 2012 979 Views 0 comment Print

The Study Team will examine the feasibility and also suggest a draft Common Tax Code for service tax and central excise that can be implemented under the present Constitutional scheme, keeping in view the challenges in the context of impending Goods and Service Tax (GST). The Study Team has also been directed to address issues relating to input tax credits with a view to simplify the existing scheme and to mitigate cascading to the extent possible, and to harmonize existing procedures and processes to make them more trade-friendly. The Study Team may also suggest any other measure that will help in reducing the cost of compliance for business or transition towards a comprehensive GST.

PIL against alleged mistakes in CA Final November 2011 Exams

April 22, 2012 2406 Views 0 comment Print

SUMMARY OF MISTAKES IN THE CA FINAL NOVEMBER 2011 EXAMS CONDUCTED BY INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA (A BODY ESTABLISHED UNDER THE ACT OF PARLIAMENT) (Mistakes /Errors committed by respondent 2 while setting and evaluating the papers which would have a direct impact on the marks obtained by the students)

S.36(1)(iii) Disallowance if assessee has significant interest in subsidiary business

April 22, 2012 5628 Views 0 comment Print

Whether when the assessee has significant interest in the business of the subsidiary and utilizes even borrowed money for furthering its business any disallowance can be made u/s 36(1)(iii).

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