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Section 234D of Income Tax Act Applicable from 01.06.2003 but it is not retrospective

October 13, 2010 865 Views 0 comment Print

In answer to the question raised by the department as whether interest u/s 234D can be charged in respect of refunds granted prior to 1.6.2003 it was held that as s. 234D came on the statute w.e.f. 1.6.2003, it did not have retrospective effect.

SC asks govt to respond to CAG report on 2G spectrum scam

October 13, 2010 408 Views 0 comment Print

The Supreme Court on Friday asked the government to respond to the CAG report pointing out largescale irregularities and favoritism allegedly by telecom minister A Raja in the Rs 70,000-crore 2G spectrum allocation scam in 2008.

SEBI : (Employees Service) (Second Amendment) Regulations, 2010

October 12, 2010 709 Views 0 comment Print

In 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 further amend the Securities and Exchange Board of India (Employees’ Service) Regulations, 2001, namely

State FMs to discuss continuation of GST council on October 30

October 12, 2010 514 Views 0 comment Print

The empowered group of state finance ministers will discuss the constitution of goods and services tax (GST) Council and dispute settlement mechanism at its meeting on October 30. Earlier, Finance Minister Pranab Mukherjee had said the proposed GST C

Provisions of Minimum Alternate Tax (MAT) do not apply to Banking Companies

October 12, 2010 2972 Views 0 comment Print

Recently in the case of Krung Thai Bank PCL v. Jt Director of Income-tax – International Taxation (ITA No. 3390/Mum/2009) (Mum), the Mumbai bench of the Income-tax Appellate Tribunal (the Tribunal) held that the provisions of Section 11 5JB of the Income-tax Act, 1961 (the Act) pertaining to Minimum Alternate Tax (MAT) would come into play only when the tax payer is required to prepare its profit and loss account in accordance with the provisions of Part II and III of Schedule VI of the Companies Act. Further, since banking companies are not required to prepare their financial statements as per Schedule VI to the Companies Act in view of the exemption set out under proviso to Section 211 (2) of the Companies Act, the tribunal held that the provisions of Section 11 5JB of the Act cannot be applied to a banking company.

SC directs TPO to conclude the assessment uninfluenced by the Delhi High Court judgment

October 12, 2010 519 Views 0 comment Print

The Hon’ble Supreme Court (Supreme Court), on 1st October 2010, in the case of Maruti Suzuki India Ltd. has directed the Transfer Pricing Officer (TPO) to complete the transfer pricing assessment proceedings without being influenced by the judgment passed by the Delhi High Court. The Delhi High Court had clarified crucial transfer pricing dimensions related to marketing intangibles and provided guidance for ascertaining the arm’s length price under the provisions of Section 92 of the Income Tax Act, 1961 (the Act)

Certified Facilitation Centres under ACES Project of the CBEC

October 12, 2010 1128 Views 2 comments Print

Chartered Accountants in practice for one year or more may set up a Certified Facilitation Centre (CFC) for providing facilities to central excise and service tax assessees to file returns and other documents electronically under Automation of Central Excise and Service Tax (ACES) Project of the CBEC.

Why DTC is negative for Life Insurance Companies and Policyholders

October 12, 2010 1192 Views 0 comment Print

Presently, deductions under Section 80C are available, up to ‘1 lakh, for various investment instruments including premium paid for life insurance, provident fund, etc. Under the DTC, only sums paid to towards a contract for an annuity plan of any in

Government announces new service tax payment scheme for lottery ticket distributors

October 12, 2010 864 Views 0 comment Print

The Finance Ministry has come up with an optional composition scheme for service tax payment on promotion or marketing of lotteries. Budget 2010-11 had introduced service tax levy on the services of promoting, marketing, or organising of games of cha

Can’t evict those against redevelopment without fulfilling the terms of the development agreement- Bombay HC

October 12, 2010 1973 Views 0 comment Print

Ruling in favour of a minority group of members opposing redevelopment of their housing society, the Bombay High Court, on Thursday, held that the developer could not seek their eviction without fulfilling the terms of the development agreement. Just

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