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Composite consideration for share transfer and non-compete cannot be split up to tax non compete separately – ITAT Mumbai

October 14, 2011 1434 Views 0 comment Print

CIT Vs Savita N. Mandhana (ITAT Mumbai)- There is no dispute that the assessee has already included entire consideration for sale of shares, including what could be attributed to non compete obligations, as capital gains. In this view of the matter, the exercise of bifurcation between consideration attributable to sale of shares and for non compete obligations is rendered academic and infructuous.

Inclusion in the Second Schedule to the Reserve Bank of India Act, 1934 – Rabobank International (Coöperatieve Centrale Raiffeisen – Boerenleenbank B.A.)

October 14, 2011 547 Views 0 comment Print

We advise that the name of Rabobank International (Coöperatieve Centrale Raiffeisen – Boerenleenbank B.A.)” has been included in the Second Schedule to the Reserve Bank of India Act, 1934 by Notification DBOD.IBD.No.948/23.03.027/ 2011-12 dated July 18, 2011, published in the Gazette of India (Part III – Section 4) dated July 30, 2011.

Processing and Settlement of Export related receipts facilitated by Online Payment Gateways – Enhancement of the value of transaction

October 14, 2011 1285 Views 0 comment Print

Attention of Authorised Dealer Category – I (AD Category – I) banks is invited to the A.P.(DIR Series) Circular No. 17 dated November 16, 2010, in terms of which AD Category – I banks have been permitted to offer the facility of repatriation of export related remittances by entering into standing arrangements with Online Payment Gateway Service Providers (OPGSPs), subject to the conditions stipulated therein.

Exim Bank's Line of Credit of USD 27.50 million to the Government of the Republic of Senegal – A.P. (DIR Series) Circular No. 34

October 14, 2011 814 Views 0 comment Print

Export-Import Bank of India (Exim Bank) has concluded an Agreement dated April 21, 2011 with the Government of the Republic of Senegal, making available to the latter, a Line of Credit (LOC) of USD 27.50 million (USD twenty seven million and five hundred thousand) for financing eligible goods, services, machinery and equipment including consultancy services from India for the purpose of financing rural electrification project in Senegal.

Separate non-compete receipt in addition to share transfer taxable as business income – ITAT Mumbai

October 14, 2011 567 Views 0 comment Print

Ramesh D. Tainwala (ITAT Mumbai)- For proviso(i) to Sec.28(va)(a) to apply there must be transfer of the right to carry on any business. The Assessee in the present case was not carrying on any business on his own but was the promoter and director of the company whose shares were purchased by the Acquirer

Amends Notification No. 36/2001-Customs(N.T) dated the 3rd August 2001 vide Notification No. 73/2011 – Customs (N. T.)

October 14, 2011 742 Views 0 comment Print

Notification No. 73/2011 – Customs (N. T.), In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2001-Cus (N. T.), dated, the 3rd August 2001, namely: –

Companies eligible for shifting from Trade for Trade Settlement (TFTS) to normal Rolling Settlement – SEBI Circular No. CIR/MRD/DP/11 /2011

October 14, 2011 781 Views 0 comment Print

Securities and Exchange Broad of India CIRCULAR CIR/MRD/DP/11/2011, Dated-  October 14, 2011 To, All Stock Exchanges Dear Sir / Madam, Sub: Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to normal Rolling Settlement 1. It is observed from the information provided by the […]

Financial Inclusion and Banks – Issues and Perspectives

October 14, 2011 1416 Views 0 comment Print

The importance of an inclusive financial system is widely recognized in the policy circles not only in India but has become a policy priority in many countries. Several countries across the globe now look at financial inclusion as the means of a more comprehensive growth, wherein each citizen of the country is able to use their earning as a financial resource that they can put to work to improve their future financial status, adding to the nation’s progress.

Hindu Woman Entitled to Equal Property Rghts & Liabilities in HUF Property – SC

October 14, 2011 6260 Views 0 comment Print

Ganduri Koteshwaramma & Anr. Vs Chakiri Yanadi & Anr. (Supreme Court of India)- A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005. under the Hindu Succession (Amendment) Act, 2005, the daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment.

Excise duty on scrap or waste generated whilst repairing of worn out machineries

October 14, 2011 6574 Views 0 comment Print

Grasim Industries Ltd. Vs. Union of India (Supreme Court of India) Process of repair and maintenance of the machinery of the cement manufacturing plant, in which M.S. scrap and Iron scrap arise, has no contribution or effect on the process of manufacturing of the cement, which is the excisable end product, as since welding electrodes, mild steel, cutting tools, M.S. Angles, M.S. Channels, M.S. Beams etc. which are used in the process of repair and maintenance are not raw material used in the process of manufacturing of the cement, which is the end product. The issue of getting a new identity as M.S. Scrap and Iron Scrap as an end product due to manufacturing process does not arise for our consideration.

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