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Contractor to deduct TDS u/s. 194C on work he got done from sub-contractor even if sub-contractor raises bill directly in the name of party

August 13, 2012 14023 Views 0 comment Print

Entire nature of work comes squarely within the realm of ‘carrying out any work in pursuance of a contract’ as stipulated in section 194C. ‘Carrying out any work’ has a very wide import, which includes within its ambit not only simply works contract but also all kind of work, which a person carries out in pursuance of a contract.

SEBI – Business Responsibility Reports – Amendment in Listing Agreement

August 13, 2012 1143 Views 0 comment Print

At a time and age when enterprises are increasingly seen as critical components of the social system, they are accountable not merely to their shareholders from a revenue and profitability perspective but also to the larger society which is also its stakeholder. Hence, adoption of responsible business practices in the interest of the social set-up and the environment are as vital as their financial and operational performance

Activities of ROC and SFIO

August 13, 2012 1745 Views 0 comment Print

The ROC and Serious Fraud Investigation Office (SFIO) are not engaged in similar work. ROCs primarily work as Registrar/Regulators for administration of the various provisions of the Companies Act, 1956 and SFIO is responsible for investigation of serious nature of financial irregularities/frauds committed by companies, entrusted to it by the Central Government.

No exemption provided to any Sector under the Competition Act, 2002

August 13, 2012 592 Views 0 comment Print

The Competition Act, 2002 does not provide exemption to any sector including telecom and banking sectors from its ambit. This was stated in the Rajya Sabha by Shri R.P.N. Singh, Minister of State in the Ministry of Corporate Affairs in reply to an USQ question today. Department of Financial Services has approached Ministry of Corporate […]

Manner of Dealing with Audit Reports filed by Listed companies

August 13, 2012 1812 Views 0 comment Print

. SEBI, in its continuous endeavor to enhance the quality of financial reporting being done by listed companies, has now decided to put in place a system to monitor the audit qualifications contained in the audit report accompanying the audited annual financial statements submitted by listed companies. The exact text of amendments to Equity Listing Agreement in this regard is given in the Annexure to this circular.

Provisions of Section 44AD – As Amended by Finance Act 2012

August 13, 2012 156075 Views 43 comments Print

i. Section 44AD is a part of the Presumptive Scheme of Taxation which reads as Special Provisions for computing profits and gains of business on presumptive basis. ii. Such presumptive taxation u/s 44AD and 44AE was introduced by Finance Act 1994 w.e.f. A.Y. 1994-95. Under that regime, section 44AD was applicable to assessees engaged in the business of civil construction or supply of labour for civil construction.

SEBI advises listed companies to obtain SCORES authentication by September 14, 2012

August 13, 2012 1106 Views 0 comment Print

All companies whose securities are listed on stock exchanges, are hereby advised to obtain SCORES authentication by September 14, 2012. All companies against whom complaints are pending on SCORES, shall take appropriate necessary steps within 7 days of receipt of complaint by the concerned company through SCORES, so as to resolve the complaint within 30 days of receipt of complaint and also keep the complainant duly informed of the action taken thereon.

Banks to pay compensation for delay in Clearance of Local Cheques

August 13, 2012 3144 Views 3 comments Print

As you may be aware, banks are required to specify the time line for realisation of local and outstation cheques in their Cheque Collection Policies (CCP) including the compensation payable for delayed credit, if any. However, on perusal of the Cheque Collection Policies (CCPs) and Compensation Policies of various banks, it is observed that there is no mention about the compensation in respect of the delay in realisation of local cheques. Instances of delayed credit to customers’ accounts without any compensation for the delayed period beyond the time line indicated in the CCPs, in respect of local cheques, have been brought to our notice.

VAT on booking of Flats under construction – A big question mark

August 13, 2012 33478 Views 0 comment Print

Sales tax / VAT is either payable on sales of goods or on deemed sales within the meaning of Article 366(29A)(b) of the Constitution on the value of goods transferred in the execution of a works contract. To constitute a works contract, there should be two parties to the contract which should be for construction of Flats, etc on behalf of the contractee under a contract for construction and not for self.

Reverse Charge Mechanism of Service Tax

August 13, 2012 61718 Views 29 comments Print

Reverse charge mechanism is not a new concept in service tax. Under the reverse charge mechanism, instead of service provider, the service receiver is liable to pay service tax. In that case, the service receiver will register himself with service tax authorities and file the required returns. The general exemption of Rs. 10 lacs is not available for that. T

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