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Archive: 2012

Posts in 2012

Indirect foreign currency receipt sufficient to regard service as exported

September 4, 2012 3722 Views 0 comment Print

In the instant case instead of foreign exchange going out of India, there is conservation of foreign exchange in India to the extent of commission earned by the service provider appellant in view of the arrangement made by the service recipient abroad in that behalf through Indian Railways. Instead of appellant earning foreign exchange, the foreign exchange which otherwise would have flown out of India, due to import by Indian Railways, has been conserved. This appears to have fulfilled the object of export of service.

Age & formation cannot be the criteria for rejecting the company for comparability analysis

September 4, 2012 909 Views 0 comment Print

So far as the first difference of age and formation is concerned, there is no merit in the contention of the assessee, as the age and formation of the company cannot be the criteria for rejecting the company for comparability analysis. If that is the criteria, then most of the companies which have been included by the assessee are also substantially old companies. The age and formation of the company cannot be the criteria or a relevant factor for excluding or rejecting the company for comparability analysis. This reason based on age and formation is not accepted.

SC held Sahara guilty of raising fund from public through dubious private placements in violation of securities laws

September 4, 2012 1395 Views 0 comment Print

In a major setback to the Sahara Group, the Supreme Court today directed two of its companies to refund around Rs 24,000 crore to their investors within three months with 15 per cent interest per annum. In stinging observations against the companies for violating rules and regulations in raising funds from common investors, a bench of justices K S Radhakrishnan and J S Khehar said that such economic offences must be dealt with iron hand.

Vat on furnishing cloth/fabrics items in Maharashtra

September 4, 2012 25737 Views 0 comment Print

In the Budget for 2012-13, the Hon. Finance Minister has proposed levy of tax on furnishing cloth/fabrics at last point of sale. In connection with above, the Government of Maharashtra has issued Notifications dated 27.8.2012 imposing tax on various furnishing cloth/fabrics items. The short gist of such notification is as under:

Court cannot create tenancy without the consent of the landlord

September 4, 2012 3814 Views 0 comment Print

The company-in-liquidation admittedly does not own the property. The Court cannot force respondent either to sell or let it out to ‘W’. Interim arrangement was made at the stage of admission of appeal considering the balance of convenience and inconvenience. Such interim arrangement could not be made permanent. Court cannot create tenancy without the consent of the landlord. In short, tenancy is a contract between landlord and tenant.

CLB Action Streamlines Notarial Malpractices in NCT Delhi

September 4, 2012 1284 Views 0 comment Print

ompany Law Board while passing an order in the matter of Shri Rupak Gupta & Others v. M/s. Banaras House Pvt. Limited has taken a very serious note of the serious breach of duty by Notaries in the capital while attesting affidavits (like affidavits having blank spaces, non disclosure of the identity of the person signing the affidavits, notarization in the absence of the deponents and cases of false impersonation and false identification of deponent.

GAAR Draft Report; Comments from Stakeholders & General Public Invited By 15-9-2012

September 4, 2012 612 Views 0 comment Print

The Government had constituted an Expert Committee on General Anti Avoidance Rules (GAAR) to undertake stakeholder consultations and finalise the GAAR guidelines as well as a roadmap for implementation.

3 year imprisionment to Former Additional Commissioner of Sales Tax In Disproportionate Assets Case

September 4, 2012 2937 Views 0 comment Print

The Special Judge for CBI Cases, Saket, New Delhi has today sentenced Shri O.S.Chauhan, IAS(UT-1967), Former Additional Commissioner of Sales Tax, Government of NCT, Delhi to undergo three years Rigorous Imprisonment with fine of Rs. Five Lakh in a disproportionate assets case.

CA students to attend GMCS twice during articled training

September 3, 2012 3671 Views 0 comment Print

This is to bring to your kind notice that the Council has decided that the General Management & Communication Skills (GMCS) Course, presently being organized for 15 days for the CA students shall be organized twice during the period of articled training as under:

SEBI : Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to normal Rolling Settlement

September 3, 2012 466 Views 0 comment Print

It is observed from the information provided by the depositories that the companies listed in Annexure ‘A’ have established connectivity with both the depositories.

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