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Archive: 20 June 2012

Posts in 20 June 2012

Annual return on Foreign Liabilities & Assets Reporting by Indian Companies – Revised format

June 20, 2012 2652 Views 0 comment Print

Attention of the Authorised Dealer (AD) Category – I banks is invited to A. P. (DIR Series) Circular No.45 dated March 15, 2011 wherein, it was, inter-alia, stipulated that the annual return on Foreign Liabilities and Assets (FLA) is required to be submitted directly by all the Indian companies which have received FDI and/or made FDI abroad (i.e. overseas investment) in the previous year(s) including the current year, to the Director, External Liabilities and Assets Statistics Division, Department of Statistics and Information Management (DSIM), Reserve Bank of India, C-8, 3rd floor, Bandra Kurla Complex, Bandra (E), Mumbai – 400 051, by July 15 of every year.

RBI guidelines on White Label Automated Teller Machines

June 20, 2012 1195 Views 0 comment Print

The Reserve Bank of India, today released on its website, the final guidelines on “White Label Automated Teller Machines (WLAs) in India”. White Label ATMs are ATMs set up, owned and operated by non-bank entities incorporated in India under the Companies Act, 1956. Till now, only banks were permitted to set up Automated Teller Machines (ATMs) as extended delivery channels.

CBDT directs AOs to reconcile pending demands already paid

June 20, 2012 6148 Views 0 comment Print

Circular No. 4 of 2012 The Board has been apprised that in certain cases the assessees have disputed the figures of arrear demands shown as outstanding against them in the records of the Assessing Officer. The Assessing Officers have expressed their inability to correct/reconcile such disputed arrear demand on the ground that the period of limitation of four years as provided under sub-section (7) of section 154 of the Act has expired.

Section 206AA not applicable to persons having income below taxable limits

June 20, 2012 5526 Views 0 comment Print

In a writ petition filed by small investors, Karnataka High Court Held that provisions of Section 206AA of the Income Tax Act are contrary to provisions of Section 139A of the Act. Accordingly, provision of Section 206AA were made inapplicable to persons and was read down from the Act only for those persons whose income was less than the taxable limits. However, the High Court made it very clear that the provisions of the Section 206AA are applicable to the persons whose income is more than the taxable limits.

Deemed Sale V/S Declared Service – Controversy C/F to Negative List

June 20, 2012 4171 Views 0 comment Print

Deemed sale – it is a critical aspect of the Sales Tax law and it is going to have direct impact on the upcoming Negative list scheme. The new definition of service as defined in context of negative list excludes the deemed sale. In other words, service tax is not to be levied on the deemed sale. However, simultaneously, the concept of declared services is also brought into the service tax law where certain services are declared to be services for the purpose of levy of service tax. Some of these declared services are part of transactions which include the deemed sale; thus, there are certain transactions which will be subject to both sales tax as well as service tax. This bit of diction is about those transactions which will suffer dual taxes – sales tax as well as service tax.

Service tax under Reverse Mechanism & SSI Exemption Benefit

June 20, 2012 3431 Views 0 comment Print

With effect from 01-07-2012 section 66B of Chapter V of Finance Act, 1994 shall govern the CHARGE of service tax . Accordingly there shall be levied a service at the rate of 12% on the value of all services, other than those services specified in the negative list, provided or agreed to be provided in the taxable territory by one person to another and collected in such manner as may be prescribed.

Investigations carried out by SEBI during last three years

June 20, 2012 504 Views 0 comment Print

Attention of SEBI has been drawn to news items appearing in a section of press wherein certain comments have been made about the pace of investigations completed during the year 2011-12. From the news items, it is noted that the data of entire years in the past has been compared with a part of the year 2011-12 and distorted inferences have been drawn. The correct position for the last three years is as under:-

DGFT – Appendix 37A, 37C & 37D come into effect on 5th June, 2012

June 20, 2012 2464 Views 0 comment Print

In exercise of powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-2014, the Director General of Foreign Trade hereby notifies the Handbook of Procedures- Volume I (Appendices and Aayat Niryat Forms). This shall come into force with immediate effect, except Appendix 37A, 37C and 37D which will be deemed to have come into effect on 5th June, 2012.

Small ticket – Overseas Direct Investment

June 20, 2012 1367 Views 0 comment Print

Following is brief of the procedure under Automatic Route of ODI: 1. Submit form ODI along with the required documents 2. Conditions to be followed are under automatic route; a. Investee shall ensure that investment does not exceed 400% of the net-worth (capital plus reserves) of the investee (as on late audited balance sheet date)

Disallowance u/s. 40A(3) for consolidated entry of cash payment in excess of Rs. 20000/- at year end?

June 20, 2012 17068 Views 1 comment Print

A.O. In his assessment order has stated that the impounded disc. containing the books of accounts under JR-I & JR-2 from where the cash payments on 31.03.2008 were found, were not manually entered as apparent from the printout. The entries were computerized, not manual. Furthermore, as stated in the submissions dated 24.12.2010, it is not tenable as during the survey, no corroborative evidence and documents were found in support of assessee’s claim from business premises

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