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Archive: 2013

Posts in 2013

Clarification under Section 372A(3) of the Companies Act,1956

March 14, 2013 2480 Views 0 comment Print

It is observed from the Budget 2013-14 authorizes Union Govt. to raise Rs. 50,000 crores (Tax Free Bonds). These bonds carry a lower rate of interest, currently in the range of 6.75% to 7.50% which is tax free under section 10(15) (iv)(h) of the Income-tax Act, 1961. Such bonds were also provided for in Budget 2012-13, but the response had been poor due to restrictions under section 372A(3) of the Companies Act, 1956.

Govt forms committee for giving clear definitions to FDI & FII

March 14, 2013 651 Views 0 comment Print

Government has constituted a four-member committee headed by Economic Affairs Secretary Arvind Mayaram for giving clear definitions to Foreign Direct Investment, FDI and foreign institutional investment , FII, with an aim to remove ambiguity over the two types of foreign investments. The DIPP Secretary, an RBI Deputy Governor and a SEBI Wholetime Member are the […]

IT Department Urges Taxpayers to Pay all Self- Assessment Tax Dues by 31ST March

March 14, 2013 1277 Views 0 comment Print

The Income-tax Act requires that the tax payable on the returned income after taking into account prepaid taxes, should be paid before furnishing the return. An analysis of returns filed electronically in the current Financial Year (2012-13) reveals that nearly 73,388 taxpayers have defaulted on such payments aggregating to Rs. 3,859 crore.

CBI arrests Central Excise superintendent in bribery case in Thane

March 14, 2013 2087 Views 0 comment Print

            The Central Bureau of Investigation has arrested a Superintendent working in the Office of Commissioner of Central Excise, Thane-II, Mumbai, for demanding & accepting a bribe of Rs. 45,000/- from the Complainant.

Maintenance of Collateral by FIIs for transactions in cash and F & O segments

March 14, 2013 2596 Views 0 comment Print

On a review, it has been decided to permit FIIs to use, in addition to already permitted collaterals, their investments in corporate bonds as collateral in the cash segment and government securities and corporate bonds as collaterals in the F & O segment.

Scheme for Collection of Dues of (i) CBDT (ii) CBEC (iii) DM Account

March 14, 2013 937 Views 0 comment Print

Scheme for Collection of Dues of (i) Central Board of Direct Taxes (ii) Central Board of Excise and Customs (iii) Departmentalised Ministries Account – Reporting and Accounting of March Transactions – Special Arrangements – Financial Year 2012-13

Notification No. 37 (RE-2012) /2009-2014, 14.03.2013

March 14, 2013 3958 Views 0 comment Print

In exercise of powers conferred by Section 5 and Section 14 A of the Foreign Trade (Development & Regulation) Act, 1992 {FT(D&R) Act,1992} as amended in 2010, the Central Government hereby makes amendments to the list of specified goods, services and technologies, i.e. Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) that was notified vide Notification No.38 (RE-2010) /2009-2014 dated 31st March, 2011.

HC recommends US-like ‘restatement of law’ to consign a large body of useless case law to dustbin of legal history

March 14, 2013 1170 Views 0 comment Print

‘In the United States, these ‘fact-cases’ are likened to railroad-tickets: ‘valid for single journey only’. The Americans are not greatly enamoured (as we or the British are) about precedent, and every ten or fifteen years they appoint a body of very learned and wise lawyers, who go into the hundreds of cases reported in all the decisions across the United States and then come up with what is called a ‘restatement’ of the law on every possible topic. After the restatement, no case can be cited of a period prior to the restatement, and a large body of useless case law gets confined to the dustbin of legal history.’

Official Liquidator cannot approach Company Court to set aside auction or confirmation of sale confirmed by the Recovery Officer under RDB Act

March 13, 2013 3846 Views 0 comment Print

It has been submitted by Mr. Banerji, learned senior counsel, that if the Company Court as well as the DRT can exercise jurisdiction in respect of the same auction or sale after adjudication by the DRT, there would be duality of exercise of jurisdiction which the RDB Act does not envisage. By way of an example, the learned senior counsel has submitted that there are some categories of persons who can go before the DRT challenging the sale

Notification No. 105/2013 – Income Tax Dated 12/3/2013

March 13, 2013 862 Views 0 comment Print

NC Notification No. 105/2013 – Income Tax Whereas by notification of the Government of India, in the Ministry of Finance (Department of Revenue) number S.O. 614 (E) dated 18th March, 2010, issued under sub-section (1) read with clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961 (43

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