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Creditors of demerged / transferee company not entitled to be heard in the petition filed u/s. 391

March 1, 2013 3486 Views 0 comment Print

This Court in a series of decisions, has consistently taken a view that the creditors of the transferee Company would have no right to intervene in the petition filed by the transferor Company under Section 391 of the Companies Act. Learned Single Judge of this Court in the case of Industrial Credit & Investment Corpn. of India Ltd. (supra)

Clauses to Finance Bill of Income Tax, Excise, Custom & Wealth Tax Act

March 1, 2013 6675 Views 0 comment Print

Clause 2, read with the First Schedule to the Bill, specifies the rates at which income-tax is to be levied on income chargeable to tax for the assessment year 2013-14. Further, it lays down the rates at which tax is to be deducted at source during the financial year 2013-14 from income other than Salaries

Director General of Civil Aviation Issues Guidelines for FDI in Civil Aviation Sector

March 1, 2013 937 Views 0 comment Print

The Civil Aviation sector, inter-alia, includes Airports, Scheduled and Non-Scheduled domestic passenger airlines sector, cargo airlines, Helicopter services/ Seaplane services, Ground Handling Services, Maintenance and Repair organizations, Flying training institutes, and Technical training institutions. The present policy of FDI in the Civil Aviation sector covers all Services mentioned above.

Administrative Measures for Optimum Efficiency of the Tax Regime

March 1, 2013 846 Views 0 comment Print

Slew of Administrative Measures for Optimum Efficiency of the Tax Regime The Finance Minister has proposed to continue the series of administrative measures for improving the overall efficiency of the tax regime. Presenting the Union Budget in the Lok Sabha today, Shri P.Chidambaram said that he proposed to expand the slew of administrative measures as […]

Union Budget 2013-14 – ICAI Perspective

March 1, 2013 2675 Views 0 comment Print

Tax Proposals of the Union Budget 2013-14 The aim of Budget 2013-14 aptly addresses the need of the hour i.e., to accelerate growth through sustainable development and inclusive growth. The tax proposals are also in tandem with this overall aim of the budget, proposed to be achieved by focusing on key areas, such as bringing […]

Budget -Explanatory Memorandum to Service Tax, Excise & Custom Notifications

March 1, 2013 4250 Views 0 comment Print

Explanatory Memorandum to notification No. 25/2013-Customs (N.T.) dated 01-03-2013. Notification No. 25/2013-Customs (N.T.), dated 01-03-2013 seeks to further amend notification No. 30/98-Customs (N.T.), dated 2nd June, 1998, so as to raise the value limit of Jewellery allowed duty free to an Indian passengers who has been residing abroad for more than one year.

Economic Survey-2012-13 – ICAI Perspective

March 1, 2013 762 Views 0 comment Print

The Institute of Chartered Accountants of India (ICAI) welcomes the Economic Survey 2012-13 which shows that although the economy exhibited moderate growth rate during 2012-13 but its growth rate is much higher and better than the global growth rate and growth rate achieved by developed economies.

Residency Status based on TRC could not be question by IT department – FM

March 1, 2013 4046 Views 0 comment Print

Concern has been expressed regarding the clause in the Finance Bill that amends Section 90 of the Income-tax Act that deals with Double Taxation Avoidance Agreements. Sub-section (4) of section 90 was introduced last year by Finance Act, 2012.

Subscription to Tata Brand Equity contribution not liable to FBT in the absence of employer – employee relation

March 1, 2013 741 Views 0 comment Print

While deciding Revenue’s appeal in ITA No. 6747/M/2011, this Bench had the occasion to consider the Circular issued by CBDT being Circular No. 8/2005 dt. 29.8.2005 wherein this Bench has held that employer/employee relationship is a pre-requisite for the levy of FBT. Rationale for introduction of FBT is that it is difficult to isolate the “personal element” if the benefits are collectively enjoyed by the people which means that the provisions of FBT will be applicable only in respect of those expenses which contain or atleast are likely to contain an element of personal benefit to employees. We do not find any such thing present on the facts of the present case. The subscription amount has been paid as per contractual agreement between the assessee and M/s. Tata Sons Ltd. The invoice raised by M/s. Tata Sons Ltd. is for the services provided for it. As no employer/employee relationship exists between the assessee and M/s. Tata Sons Ltd., we agree with the findings of the Ld. CIT(A) that subscription payment deserves to be kept outside the purview of FBT.

Budget 2013-14 – Amnesty Scheme for Service Tax Defaulters

March 1, 2013 7337 Views 0 comment Print

Voluntary Compliance Encouragement Scheme, 2013 (VCES) – To motivate about 10 lakh of those registered assesses of service tax, who are not filing returns and paying tax dues, the Finance Minister has proposed to introduce a one-time scheme called ‘Voluntary Compliance Encouragement Scheme’ in 2013-14 Budget proposals. Under this scheme a defaulter can file a […]

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