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Indian Company Law – Objects Clause?

December 30, 2009 1858 Views 0 comment Print

We all know about the requirements of forming a Company in India. Incorporation of a Company, as a secretarial practice, may not be a complicated exercise. It is not difficult to get the Director Identification Numbers (DIN) for the proposed directors in the Company to be incorporated, it is not difficult to get Digital Signatures, it is not difficult to find the availability of name with the Registrar of Companies by filing e-form and it may not be difficult to comply with all the requirements and submitting an application to the Registrar of Companies

Appeal to simplify and speedup procedure for approval u/s. 22 of Bombay Public Trust Act, 1950

December 30, 2009 13340 Views 0 comment Print

For the benefit of all the Public Charitable and Religious Trusts, Trustee & all such Trusts should jointly make a petition before Law Minister, Law and Judiciary Department Sachivalaya, Maharashtra to amend this and other similar provisions in such a way that if nothing is intimated within 120 days, the said change reports should be deemed to have been accepted by the said officer, especially in the case of schedule III. In the case of schedule IIIA, since it is more sensitive matter and if it is not incorporated in schedule I within 120 days then the person concerned should be made accountable.

Appeal to simplify & speedup procedure for approval u/s. 36A(3) of Bombay Public Trust Act, 1950 in respect of raising loan or deposit

December 30, 2009 7841 Views 2 comments Print

Thus, for the benefit of all the Public Charitable and Religious Trusts, Trustee & all such Trusts should jointly make a petition before Law Minister, Law and Judiciary Department Sachivalaya, Maharashtra to amend this and other similar provisions in such a way that the approval should be granted/rejected within 3/4 months on the lines of Chapter XXC of the IT. Act, 1961.

SEBI : Applications Supported by Blocked Amount (ASBA) facility in public issues and rights issues.

December 30, 2009 1534 Views 0 comment Print

ASBA means ‘Application Supported by Blocked Amount’ as defined in clause (d) of sub‐regulation (1) of regulation 2 of the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009.

Establishment of Branch (BO) / Liaison Offices (LO) in India by Foreign Entities — Delegation of Powers

December 30, 2009 1033 Views 0 comment Print

Attention of Authorised Dealer Category – I banks is invited to Notification No. FEMA 22/2000-RB dated May 3, 2000 viz. Foreign Exchange Management (Establishment in India of Branch or Office or other Place of Business) Regulations, 2000 as amended from time to time, in terms of which a person resident outside India requires prior approval of the Reserve Bank for establishing Branch (BO)/ Liaison Offices (LO) in India.

In case of gifted Assets, indexation benefit is available from the year of acquisition of the previous owner

December 30, 2009 8115 Views 0 comment Print

This article summarizes a recent ruling of the Special Bench (SB) of the Mumbai Income Tax Appellate Tribunal (ITAT) [ITA No. 7315/Mum/2007] in the case of DCIT vs. Manjula Shah (Taxpayer) which held that, in the case of gifted capital asset, indexation benefit is available to a donee from the year of its acquisition by the previous owner. The SB adopted a purposive construction of the definition of ‘Indexed Cost of Acquisition’ (ICOA) by looking at the scheme of the Indian Tax Law (ITL), which seeks to grant the benefit of cost and holding period of the previous owner to the donee.

Admissibility of deduction from book profit of reduction in revaluation reserve under MAT provisions

December 30, 2009 1344 Views 0 comment Print

This ruling provides guidance that withdrawal from a revaluation reserve is permitted to be reduced from the book profit, computed under the MAT provisions, only in a case where the book profit was increased by the amount of revaluation reserve in the year of creation.

High court upheld the levy of higher rate of tax on superior kerosene oil (white kerosene oil)

December 30, 2009 1495 Views 0 comment Print

Levy of sales tax on a higher percentage on ‘superior kerosene oil’ (SKO) (also called white kerosene oil) and also levy of resale tax and surcharge on it by Tamil Nadu Government have been upheld by the Madras High Court. The attack by dealers that levy of different rates for same commodity was discriminatory was turned down by the Court which ruled that such allegation of discrimination would “amount to questioning legislative policy of the State to tax a particular commodity”.

Managers cannot be termed workmen: the Bombay High Court

December 30, 2009 3700 Views 0 comment Print

Managers cannot be termed workmen, the Bombay High Court has held, in a significant verdict that throws light on a vexed issue on who constitutes a workman in the post-liberalisation era. Observing that Industrial law must keep pace with times, the Court also held that managerial organisation today is radically different from the pre-liberalisation era.

Amendment to the Maharashtra Value Added Tax Rules, 2005

December 30, 2009 7089 Views 0 comment Print

The sub-rule (1) provides the different forms of returns to be filed by various categories of dealers. Earlier, the dealers. used to submit these forms of return-cum-chalan physically either to the Bank alongwith payment of tax, interest etc., if any or to the Sales Tax Department where tax liability was NIL. These forms of the return were return-cum-chalan.

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