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In view of insertion of explanation in section 65 (105)(zzc) Commercial training or coaching centre include any centre or institute, by whatever name called – SC

May 20, 2010 1188 Views 0 comment Print

Expression ‘commercial training or coaching centre’ occurring in this sub-clause and in clauses (26), (27) and (90a) shall include any centre or institute, by whatever name called, where training or coaching is imparted for consideration, whether or not such centre or institute is registered as a trust or a society or similar other organisation under any law for the time being in force and carrying on its activity with or without profit motive and the expression “commercial training or coaching” shall be construed accordingly. In the above circumstances, we set aside the impugned order of CESTAT and direct the Tribunal to examine this case de novo in the light of the Explanation inserted in the Act.

Revised Agreement between Republic of India and the Republic of Finland with respect to taxes on DTAA

May 20, 2010 1724 Views 0 comment Print

Notification No. 36/2010-Income Tax The revised Agreement and the Protocol between the Republic of India and the Republic of Finland for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (DTAA) was signed by the Chairman, CBDT on behalf of Government of India and the Ambassador of Finland on behalf of Government of Finland on 15th January, 2010 and has come into force on 19th April, 2010.

Section 90 of the Income-tax Act, 1961 – Double Taxation Agreement – Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Finland

May 20, 2010 1474 Views 0 comment Print

Notification No. 36/2010-Income Tax Whereas, an Agreement and the Protocol between the Government of Republic of India and the Government of the Republic of Finland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income was signed at New Delhi on the 15th day of January, 2010;

Withholding tax obligation applies on payments to non-residents only if there is income chargeable to tax in India

May 20, 2010 5048 Views 0 comment Print

The Special Bench of the Tribunal, departing from the Karnataka High Court’s decision in the case of Samsung Electronics, rules that withholding tax obligation on payer applies on payments to non­residents only if there is income chargeable to tax in India. Further obtaining CA’s certificate is an alternative procedure for lower or nil withholding cases.

ITAT Delhi ruling provides guidance for ascertaining arm’s length price of an international transaction under TNMM

May 20, 2010 2348 Views 0 comment Print

Established in September, 2001, IL Jin Electronics (I) Pvt. Ltd. (IL Jin/ Taxpayer) is engaged in the business of manufacturing & selling printed circuit boards for consumer durables. It commenced commercial production in January, 2002. During FY 2002-03, for its operations, the Taxpayer entered into various international transactions (See Note 1 below) with its AEs, with the bulk of international transactions being that of purchase of raw material.

SEZ- Withdrawal of Instruction No. 34

May 20, 2010 613 Views 0 comment Print

I am directed to refer to Instruction 56, dated 7th May, 2010 of this Department and to say that pursuant to the Notification dated 13th January, 2010 whereby sections 20, 21 & 22 of SEZ Act, 2005 have been operationalised, Instruction No. 34 dated 3rd August, 2009 stands withdrawn.

Notification No. 23/2010-Central Excise (N.T.); Dated: 20.05.2010

May 20, 2010 1246 Views 0 comment Print

Notification No. 23/2010-Central Excise (N.T.), New Delhi, the 20th May, 2010. G.S.R. (E). – In exercise of the powers conferred by sub-section (1) of section 5 of the Central Excise Tariff Act, 1985 (5 of 1986), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendments in the First Schedule to the Central Excise Tariff Act, 1985, namely:-

Intellectual Property & Intellectual Property Rights – Boon or Bane

May 19, 2010 2709 Views 0 comment Print

Intellectual property (IP) is the innovative creation by individuals out of his own ingenuity. IP pertains to literary, artistic performance of performing artistes, phonograms, and broadcasts, inventions in all fields of human endeavor, scientific discoveries, industrial design, and protection against unfair competition and all other activities in the industrial, scientific or artistic field.

International accredited agencies for issuance of TAC/COP for import of vehicles

May 19, 2010 751 Views 0 comment Print

Subject : International accredited agencies for issuance of TAC/ COP for import of vehicles. In the Policy Circular No. 26(RE-2003)/2002-2007 dated 09.02.2004, the entry at S. No. 3 is amended to read as follows :

Grant of Status Holders Incentive Scrip benefit to textile garments

May 19, 2010 1046 Views 0 comment Print

This has reference to Para 3.16.4 of the FTP 2009-14 under which Textiles is one of the sectors entitled to Status Holders Incentive Scrip @ 1% of FOB value of exports made during 2009-10 and 2010-11.

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