"09 December 2015" Archive

SEBI Guideline on Outsourcing by Depositories

Circular No. CIR/MRD/DP/19/2015 09/12/2015

CIR/MRD/DP/19/2015 Core and critical activities of depositories shall not be outsourced. The core activities of the depositories shall include but not limited to the following: a. Processing of the applications for admission of Depository Participants (DPs), Issuers and Registrar & Transfer Agents (RTAs). b. Facilitating Issuers/RTAs t...

SEBI: Review of Annual Custody / Issuer Charges

Circular No. CIR/MRD/DP/18/2015 09/12/2015

SEBI vide circular No. MRD/DoP/SE/Dep/Cir-4/2005 dated January 28, 2005 has allowed the custody/issuer charges to be collected by the depositories from the issuers in the manner specified therein. Subsequently, the charges and the methodology were revised vide Circular Nos. MRD/DoP/SE/Dep/Cir-2/2009 dated February 10, 2009 and CIR/MRD/DP/...

Compliance Calendar As Per SEBI Listing Regulations

Compliance Calender As Per Sebi Listing Regulations S. N. Regulation No. Particular of Regulation Time Period of filing of Certificate COMMON OBLIGATIONS TO LISTED ENTITY 1. 7(3) Submission a Compliance Certificate to the Exchange Submission of Compliance Certificate to Stock Exchange certifying that all activities in relation to both phy...

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Labour Officer under Chhattisgarh Industrial Relations Act, 1960 has no jurisdiction to adjudicate rights of employee U/s. 30 (6) (b) of Act

ISS SDB Security Services Pvt. Ltd., Vs Assistant Labour Commissioner, (Chhattisgarh High Court)

A conjoint reading of Sections 13, 15 and 17 of the Chhattisgarh Industrial Employment (Standing Orders) Act, 1961 makes it amply clear that the powers of Inspectors under the said Act are not adjudicatory and the Inspectors are not authorized to undertake the exercise of adjudication of the disputes, particularly the disputes regarding a...

Penalty U/s. 271(1) (c) not attracted on addition U/s. 14A on debatable issue

M/s. Mohair Investment and Trading Company (P) Ltd. Vs DCIT (ITAT Delhi)

ITAT Delhi held In the case of M/s. Mohair Investment and Trading Company (P) Ltd. vs. DCIT that it is clear that the present issue, related to application of section 14A, especially in relation to shares held as trading assets...

MAT provision applicable on banking companies only prospectively w.e.f. AY 2013-14 onwards

UCO Bank Vs DCIT (ITAT Kolkata)

ITAT Kolkata held In the case of UCO Bank vs. DCIT that Sec.115JB will be applicable only where the assessee is required to show profit & loss account in accordance with schedule VI of Companies Act. As the banks are required to prepare Balance Sheet and Profit & Loss Account in accordance...

No addition u/s 69 where investment along with its source recorded in seized documents

ACIT Vs M/s Prem Lal Jain (ITAT Kolkata)

ITAT Kolkata held In case of ACIT vs. M/s Prem Lal Jain that no addition could be made u/s 69 as the entire investments in shares made by the assessee have been duly recorded in the books of accounts of the assessee which are part of the seized documents...

Disallowance of expenses where liability crystallized in the year but payment due later is not maintainable

ICI India Ltd. Vs DCIT (ITAT Kolkata)

ITAT Kolkata held In the case of ICI India Ltd. vs. DCIT that it is clear that liability towards leave encashment is a definite liability which has accrued and arisen during the year. However, payment of the same does not fall during the relevant previous year but under the mercantile system...

Penalty u/s 271E may not be imposed where circumstances compels assessee to make repayment in cash

Jayantilal Vaishnav HUF Vs JCIT (ITAT Mumbai)

ITAT Mumbai held In the case of Jayantilal Vaishnav HUF vs. JCIT that the reasonable cause u/s 273B need to be seen from the context of the situation where a person is reasonably and under bonafide belief of taking a action beyond his control i.e. cause which prevent a reasonable person in ordinary ...

Payment made to Independent Consultants is liable for deduction u/s 194J and not 192

DCIT (TDS) Vs Asian Heart Institute & Research Centre Pvt. Ltd. (ITAT Mumbai)

Appeal filed by Assessee - The Assessee is a company incorporated under the provisions of Companies Act, 1956 and is engaged in running a Super Specialty Cardiac hospital. The assessee employs two types of Doctors, viz. Full time Consultants (herewith “FTCs)...

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