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Archive: 14 November 2013

Posts in 14 November 2013

Comparison of Dividend Under Companies Act, 2013 with CA,1956

November 14, 2013 77296 Views 0 comment Print

Third proviso to section 123(1) of the 2013 Act provides that no dividend shall be declared or paid by a company from its reserves other than free reserves. Rule 8.1 – A company may declare dividend out of the accumulated profits earned by it in previous years and transferred by it to the reserves, in the event of inadequacy or absence of profits in any year, subject to the fulfillment of the following conditions :

Provisions on Books of Accounts under Companies Act 2013

November 14, 2013 109252 Views 0 comment Print

Section 128 of the Companies Act, 2013 provides for Maintenance of books of accounts under the new Companies Act. The erstwhile corresponding section 209 on Books of accounts to be kept by company of Companies Act, 1956 dealt with the books of accounts required to be maintained to give a true and fair view of the state of affairs of the company or branch office and to explain its transactions and also specify the place of keeping and period for which such books to be kept by the company.

Notification No. 111/2013-Customs (N.T.) Dated: 14/11/2013

November 14, 2013 520 Views 0 comment Print

Gold, in any form, in respect of which the benefit of entries at serial number 321 and 323 of the Notification No. 12/2012-Customs dated 17.03.2012 is availed

Education Services- Service Tax Applicability

November 14, 2013 10283 Views 0 comment Print

The higher education and school education are exempt from service tax since the inception of the old service tax regime. For example, under the business auxiliary service head, activity of job work in relation to education was exempt, under the commercial coaching or training services, pre-school coaching/training or any educational qualification recognised by law was exempt; under outdoor catering service head, service relating to mid day meal scheme for school were exempt ;

Service Tax on Reimbursement of Expenditure- Applicability & Case Laws

November 14, 2013 17818 Views 0 comment Print

Service tax was introduced vide the Finance Act, 1994 and since then the same has undergone with various changes and modifications in its growth from infancy to literal maturity. Service Tax has maintained the notorious trait and over time has evolved a web of complex and confusing provisions.

Declared Services Under the Service Tax Provisions

November 14, 2013 68380 Views 5 comments Print

The definition of service in the first instant is very wide to cover any transaction done for a consideration. However, there exist few activities which would overlap with the other levies of state with a marginal difference, thereby questioning the constitutional validity of the levy under service tax.

Notification No. 51 (RE-2013)/2009-2014, Dated: 14.11.2013

November 14, 2013 424 Views 0 comment Print

No export or import of an item shall be allowed under Advance Authorisation / DFIA if the item is prohibited for exports or imports respectively. Export of a prohibited item may be allowed under Advance Authorisation provided it is separately so notified subject to the conditions given therein.

Exposure Draft on Investment Entities (Amendments to Ind AS 110, Ind AS 112 and Ind AS 27)

November 14, 2013 471 Views 0 comment Print

The ICAI has issued this exposure draft on Investment Entities which includes amendments to Ind AS 110 Consolidated Financial Statements, Ind AS 112 Disclosure of Interests in Other Entities and Ind AS 27 Separate Financial Statements. The exposure draft is open for public comments till 13 December 2013. Download Exposure Draft on Investment Entities (Amendments […]

HC Partly Reverses Law On Foreign Companies Interest Liability U/s. 234B

November 14, 2013 1236 Views 0 comment Print

The argument that the Indian parties should have discharged their TDS obligations u/s 195 despite the presumed request of the assessee is one of convenience or despair and not acceptable because in a practical view of the matter, the Indian payers could not have resisted the assessee’s request given future business prospects and the need to keep the assessee in good humour;

FTP to permit export of an item which is otherwise prohibited for export, under Advance Authorisation and by EOUs

November 14, 2013 966 Views 0 comment Print

An EOU / EHTP / STP / BTP unit may export all kinds of goods and services except items that are prohibited in ITC (HS). Export of Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) shall be subject to fulfillment of the conditions indicated in ITC (HS).

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