Union Minister for Corporate Affairs Shri Murli Deora has desired that concerted action to be taken to expedite the process of liquidation of companies which is currently taking inordinately long. In the conference of Official Liquidators organised by the Ministry recently to discuss ways for expediting liquidation process the it was opined that one of the major factors responsible for India’s low rank in the global “doing business survey” conducted by the World Bank is the time taken for liquidation of companies.
The Supreme Court, by an order dated 6th May 2011, upheld the notifications by the Custodian regarding involvement of Smt. Rasila S. Mehta and Smt. Rina S. Mehta in the securities scam of 1992. They are, respectively, the mother and sister-in-law of late Harshad Mehta. The Apex court dismissed their appeals against the order of the Special Court, which had confirmed their January 2007 notifications by the Custodian.
Government has taken note of the judgment of the Supreme Court dated 11.5.2011 rejecting the curative petition filed by the CBI to reconsider the judgment of the Supreme Court dated 13.9.1996. The principal grounds on which the curative petition has been rejected appear to be that the curative petition does not satisfy the principles laid down in Rupa Ashok Hurra Vs. Ashok Hurra 2002 (4) SCC 388 and delay in filing the curative petition
The government has collected an unprecedented Rs. 7.90 lakh crore in taxes in 2010-11 while refunds worth Rs. 74,000 crore have been issued during the fiscal, Finance Minister Pranab Mukherjee said on Wednesday. There has been an unprecedented collection of tax revenues in the financial year 2010-11. Against an initial aggregate target of Rs. 7,45,000 crore that we revised to Rs. 7,82,000 crore, the total collections stand at nearly Rs. 7,90,000 crore, Mukherjee said in a commendation letter to CBDT Chairman Sudhir Chandra.
Transfer pricing cases will now be subject to audit by the Comptroller and Auditor General (CAG) of India, Director General of Income Tax (DGIT) RN Dash said while addressing a seminar organised by Assocham. Multinational corporations often use transfer pricing as a tool to shift cost of input from one country to another to avoid payment of taxes in nations with high incidence of taxes. India has been trying to tighten the transfer pricing regulations to prevent tax evasion.
Notification No. 24/2011 – Income Tax In exercise of the powers conferred by clause (b) of rule 6 of Part A of the Fourth Schedule to the Income-tax Act, 1961 (43 of 1961), and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) number S.O. 2091(E), dated the 26th August, 2010, the Central Government hereby fixes, with effect from the 1st day of September, 2010, 9.5 per cent., as the rate referred to in the said clause.
Corrigendum to Circular no. 09/2011 dated 31.03.2011 In the said circular for clauses (i) and (ii) of paragraph 2 under the Heading Coverage in Phase I, the following shall be substituted and read as : (i) All companies listed in India and their subsidiaries, having paid up capital of Rs. 5 Crore and above or a turnover of Rs. 100 crore or above, excluding banking companies, insurance companies, power companies, Non Banking Financial Companies (NBFCs) and overseas subsidiaries of these companies.
With the enactment of Finance Act, 2011 (No.8 of 2011), Section 89 which provides for prosecution of specified offences involving service tax, becomes a part of Chapter V of Finance Act, 1994. Prosecution provision was introduced this year, in Chapter V of Finance Act, 1994, as part of a compliance philosophy involving rationalization of penal provisions. Encouraging voluntary compliance and introduction of penalties based on the gravity of offences are some important principles which guide the changes made this year, in the penal provisions governing service tax.
The Board has taken a serious note of the cases of misuse detected on account of manual documentation as well as of casual manner in which this facility is being extended, which is prone to be detrimental to revenue. Accordingly, to redress the issue it has been decided that manual processing and clearance of import/export goods shall be allowed only in exceptional and genuine cases when it is not feasible to process the import/export documents through EDI. Further, in accordance with Sections 46 and 50 of the Customs Act, 1962, this authority shall be exercised only by the Commissioner of Customs. It is reiterated that the facility of manual processing of import/exports documents shall be provided as an exception to the rule of EDI processing and whenever granted it shall be withdrawn no sooner EDI processing is feasible
In order to ensure compliance of the provisions of the Companies Act, 1956 and Rules made thereunder, it is observed that the majority companies are only filing their event based information through MCA-21 to the Registrar of Companies, however the statutory compliance related to Annual filings are not complied with. Therefore, it has been decided that the companies who have not filed their statutory Annual Reports (i.e. Balance Sheets, Profit and Loss Accounts and Annual Reports) with the Registrar of Companies, they should not to be allowed to file their other Forms except the following Forms till the companies has filed its updated Statutory Annual Accounts/ Annual Report in MCA-21 system:-
