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Archive: 2012

Posts in 2012

Foreign investment in India by SEBI registered FIIs in Government securities and SEBI registered FIIs and QFIs in infrastructure debt

June 25, 2012 853 Views 0 comment Print

Government Securities -i) The limit of USD 15 billion for FII investment in Government securities stands enhanced with immediate effect by USD 5 billion to USD 20 billion. It has also been decided to rationalize the conditions governing the investments under this scheme by making the residual maturity of the instrument at the time of first purchase by FIIs and SEBI registered eligible non- resident investors in IDFs and foreign Central Banks to be at least three years for a sublimit of USD 10 billion. Accordingly, the existing and new sub limits and attendant conditions are summarized as follows :

RBI announces Further Liberalisation Measures for Capital Account Transactions

June 25, 2012 1065 Views 0 comment Print

It has been decided to allow Indian companies in manufacturing and infrastructure sector and having foreign exchange earnings to avail of external commercial borrowing (ECB) for repayment of outstanding Rupee loans towards capital expenditure and/or fresh Rupee capital expenditure under the approval route. The overall ceiling for such ECBs would be USD 10 billion.

ECB – Repayment of Rupee loans – Liberalisation Measures for Indian companies in manufacturing & infrastructure sector

June 25, 2012 1426 Views 0 comment Print

it has been decided to allow Indian companies to avail of ECBs for repayment of Rupee loan(s) availed of from the domestic banking system and / or for fresh Rupee capital expenditure, under the approval route, subject to them satisfying the following conditions:- Only companies in the manufacturing and infrastructure sector will be eligible to avail of such ECBs; Such companies shall be a consistent foreign exchange earner during the past three financial years; Such companies are not in the default list/caution list of the Reserve Bank of India; and Such ECBs shall only be utilized for repayment of the Rupee loan(s) availed of for ‘capital expenditure’ incurred earlier and are still outstanding in the books of the domestic banking system and / or for fresh Rupee capital expenditure.

Deduction u/s 80IB allowable even if not claimed in ITR

June 25, 2012 3492 Views 0 comment Print

The facts of the present case are similar only in the case in I.T.A. No.350/Del/.2009 wherein the Hon’ble Delhi Bench ‘D’ has dealt with the similar issue which was at ground No.3 of the appeal. The Tribunal has held in favour of the assessee and had remitted back file to the office of Assessing Officer for consideration of claim of assessee u/s 80IB. While deciding the matter, the Hon’ble Tribunal had considered various judicial pronouncements in which it was held that the authorities under the Act are under an obligation to act in accordance with law. If an assessee under a mistake, misconception or not being properly instructed is over-assessed, the authorities under the Act are required to assist him and ensure that only legitimate taxes are collected.

Know Name from PAN in just one Click

June 25, 2012 9793 Views 0 comment Print

For compliance of TDS provisions knowing correct name for a given PAN is vital. The ‘ABCAUS- Know name from PAN utility’ considerably shorten the process for knowing a name from PAN.

ICAI requests CBDT to review the ITR forms vis-à-vis Revised Schedule VI

June 25, 2012 2298 Views 0 comment Print

The Ministry of Corporate Affairs (MCA) has notified the Schedule VI (Revised) which is applicable in respect of Balance Sheet and Profit and Loss Account prepared for the financial year commencing on or after 1.4.2011. The Revised Schedule VI had changed the nomenclature of certain items, modified the present classification of accounts, removed / added certain disclosure requirements etc which in turn has impacted the financial reporting requirement for the Companies.

Awards Scheme For Income-tax Department’s Officers & Staff

June 25, 2012 1252 Views 0 comment Print

The awards would be called Certificate of Appreciation and Certificate of Meritorius Service. The Certificate of Appreciation would be conferred upon any employee for display of specific acts of exemplary devotion to duty including performance of an act of extremely arduous nature beyond the call of duty, Involving extreme effort and resulting in substantial/potential benefit to the Government and/or acts involving grave personal risk etc. While the Certificate of Meritorius Service would be conferred upon such employees, who have put in at least 15 years of service and who have rendered consistently high levels of meritorious service over this period,

Mere change in ownership doesn’t convert a stock-in-trade into a capital asset

June 25, 2012 1475 Views 0 comment Print

Assessee, on partition of the joint family, had received the balance capital of the family in the real estate business comprising various assets, which were in the nature of stock-in-trade and it cannot be considered that the various assets or properties received by the assessee on partition are capital assets and these capital assets were converted into stock-in-trade of the real estate when the assessee continued to carry on the business of the erstwhile joint family.

Impact of monetary policy actions on inflation is modest and subject to lags

June 25, 2012 849 Views 0 comment Print

The paper Monetary Transmission Mechanism in India: A Quarterly Model examines the impact of monetary policy actions on growth and inflation. Given the volatility emanating from the agricultural sector, the paper models both overall growth and overall inflation as well as non-agricultural growth and non-food manufactured products inflation, i.e., components stripped of the influence from the agricultural sector and which are more amenable to monetary actions. The paper also estimates the impact of oil prices, real exchange rate and fiscal variables on growth and of exchange rate and minimum support prices on inflation.

If DTAA is silent on a particular type of income, it will not automatically become business Income

June 25, 2012 2209 Views 0 comment Print

Chapter III of DTAA between India and Mauritius did not provide for taxing any fees paid for technical services. Only for a reason that DTAA is silent on a particular type of income, we cannot say that such income will automatically become business income of the recipient. In our opinion, when DTAA is silent on an aspect, the provisions of the Act has to be considered and applied. This aspect has not been dealt with by the authorities below. We are, therefore, of the opinion that this issue requires a fresh look by the A.O.

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