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SEBI (Employee’ Service) (Second Amendment) Regulations, 2012

November 19, 2012 385 Views 0 comment Print

1n exercise of the powers conferred by Section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Board hereby makes the following regulations to amend the Securities and Exchange Board of India (Employees Service) Regulations, 2001

SEBI : Notification regarding establishment of Local Office of Board at Bhubaneswar

November 19, 2012 424 Views 0 comment Print

In exercise of the powers conferred by sub-section (4) of section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Board has established its Local Office at Bhubaneswar under the administrative control of its Eastern Regional Office at Kolkata.

International Shipping Profit taxable in the country of residence of the assessee company

November 19, 2012 1350 Views 0 comment Print

Right or property in respect of which the shipping income is earned by the assessee i.e. ships cannot be said to be effectively connected with the permanent establishment in India . Such income, therefore, will not fall under Article 22(2) but will fall under Article 22(1) and accordingly shall be taxable only in the State of residence of the assessee company i.e. Switzerland and not in India.

Validity of filtration criteria for selection process adopted by TPO to Compute ALP

November 19, 2012 1080 Views 0 comment Print

The main issue, in the present case, revolves around the inclusion and exclusion of the various comparable companies by the assessee as well as by the TPO by applying different filtration criteria in search for the comparable companies. The assessee has adopted the criteria of filtration for search of the companies having sales trading less than 90% of the gross sales,

Bagasse used as a fuel usually in sugar mills, cannot be considered as ‘scrap’ for sec. 206C

November 19, 2012 1431 Views 0 comment Print

Bagasse is quite often and commonly used as a fuel, usually in the sugar mill themselves. The sugarcane fibrous waste is initially moist after crushing, but most mills use them as fuel after drying. Hence, even though bagasse is in the nature of scrap and waste because of its nature, since it can be used directly as a fuel, I hold that it should not be considered as ‘scrap’ for the purpose of section 206C of the Act.

Other than working capital finance, banks not permitted to finance purchase of gold

November 19, 2012 813 Views 0 comment Print

In terms of extant guidelines, no advances should be granted by banks against gold bullion to dealers/traders in gold if, in their assessment, such advances are likely to be utilised for purposes of financing gold purchase at auctions and/or speculative holding of stocks and bullion. In this context, the significant rise in imports of gold in recent years is a cause for concern as direct bank financing for purchase of gold in any form viz., bullion/primary gold/jewellery/gold coin could lead to fuelling of demand for gold for speculative purposes.

XBRL Validation Tool (for costing taxonomy) likely to be released on 24.11.2012

November 19, 2012 865 Views 0 comment Print

The MCA XBRL Validation Tool (for costing taxonomy) has been developed and is currently under testing. The tool is likely to be released on 24th November, 2012. Filing of the Cost Audit Report and Compliance report on the MCA portal shall be enabled thereafter.

CIT have no jurisdiction in respect of an issue considered by CIT (A)

November 19, 2012 1389 Views 0 comment Print

It is evident from the order of the ld. CIT(A) that the claim of cost of production of film was a subject matter of appeal before the ld. CIT(A) and ld. CIT(A) after consideration of remand report of the AO gave his finding. Therefore, this order of the AO, undisputedly had merged with the order of the ld. CIT(A) as far as the claim of cost of production of film is concerned.

TPO to consider objections of Assessee against the comparable selected by him to arrive at the ALP

November 19, 2012 712 Views 0 comment Print

TPO as well as the DRP have not considered the objections raised by the assessee against the comparables selected by the TPO for arriving at the ALP. As seen from the submissions of the assessee, the glaring differences that appears to us are that India Products Ltd., is in the business of processing and trading in spices, whereas the assessee is in the business of trading in Coffee.

Amendments to SEBI (Mutual Funds) Regulations, 1996

November 19, 2012 3680 Views 0 comment Print

Please find enclosed a copy of the gazette notification No. LAD-NRO/GN/2012- 13/17/21502 dated September 26, 2012 pertaining to Securities and Exchange Board of India (Mutual Funds) (Second Amendment) Regulations, 2012, for your information and implementation.

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