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RBI Circular on Combating Financing of Terrorism – Unlawful Activities (Prevention) Act, 1967 – Obligation of banks

November 5, 2009 855 Views 0 comment Print

In paragraph 5 (b) of the above circular,it has been advised to RRBs that as and when lists of individuals and entities, approved by Security Council Committee established pursuant to various United Nations’ Security Council Resolutions (UNSCRs), are received from Government of India, the Reserve Bank circulates these to all banks and financial institutions.

Issuance of Licenses to manufacture cigarettes by Central Excise Department – reg

November 4, 2009 1198 Views 0 comment Print

I am directed to say that Board has received various references from the trade association and field formations regarding issue of licenses to cigarette manufacturing units.

Section 14A disallowance cannot be made if no expenditure found to be incurred to earn exempt income

November 4, 2009 1640 Views 0 comment Print

CIT Vs. Hero Cycles Ltd. (Punjab & Haryana High Court) Disallowance under Section 14A requires finding of incurring of expenditure where it is found that for earning exempted income no expenditure has been incurred, disallowance under Section 14A cannot stand.

CAG will do special audit of Reliance Industries expenses on eastern offshore KG D-6 fields

November 4, 2009 1013 Views 0 comment Print

The nation’s premier audit body Comptroller and Auditor General (CAG) has constituted a high-level team for auditing Reliance Industries’ (RIL) expenses on eastern offshore KG D-6 fields and the exercise will begin this month. The CAG, which has been asked to do special audit of not only RIL but also Cairn India’s Rajasthan block and British energy firm BG Group- operated Panna/Mukta and Tapti fields, has constituted various teams for undertaking the audit, sources in the know said.

Former Jharkhand CM Madhu Koda in Hospital, raids continued at his premises for the fourth consecutive day

November 4, 2009 501 Views 0 comment Print

Former Jharkhand chief minister Madhu Koda, under the scanner for allegedly amassing over Rs.2,000 crore (Rs.20 bn / $425 mn) illegally, was admitted to the intensive care unit (ICU) of Apollo Hospital in Ranchi as raids continued at his premises for the fourth consecutive day Tuesday. Income Tax (IT) officials were questioning Koda at his Ranchi residence when he said that he was feeling uneasy. Koda has a history of medical problems.

Even under Rule 8D of S.14A, disallowance can be made only if there is actual nexus between tax-free income and expenditure

November 4, 2009 1127 Views 0 comment Print

The assessee earned dividend income on shares which was exempt from tax. The AO took the view that the investment in shares was made out of borrowed funds on which interest expenditure was incurred and consequently made a disallowance u/s 14A. This was partly upheld by the CIT (A). On further appeal by the assessee, the Tribunal deleted the disallowance by noting that the assessee had proved that the investment in shares was made out of non-interest bearing funds.

Corporate Affairs Ministry may soon introduce the concept of ‘knowledge test’ for directors

November 4, 2009 723 Views 0 comment Print

The Corporate Affairs Ministry wants to introduce a new concept called the ‘knowledge test’ to find out if directors had previous knowledge of a company’s wrongful acts. As a first step, it would be ensured that the board processes are totally transparent. If it is found that the board papers had a mention of any wrongful act, and a director to whom the papers were circulated did not get his objections recorded in the minutes of the meeting, then he would be deemed to have colluded to commit that wrongful act.

MCA’s new mantra: Be a facilitator in corporate growth instead of just another regulator

November 4, 2009 579 Views 0 comment Print

The Ministry of Corporate Affairs (MCA) wants to shed its stern regulatory image and acquire a gentler, corporate-friendly reputation. The new mantra is to be a facilitator in corporate growth instead of just another regulator. The mantra is now being translated into action. For example, to cut out subjectivity in decisions, MCA has decided that field officers will not conduct any scrutiny of company balance sheets or send notices based on personal judgments or external tips.

ICAI and audit firms against the power given to public sector banks to choose there own statutory auditor

November 4, 2009 780 Views 0 comment Print

The extra freedom given to the 26 public sector banks from this year to choose their statutory auditors has auditing companies — both those chosen and those left out — restive. They have approached the Union finance ministry and the Prime Minister’s Office to say that the decision will affect the quality of audits.

Profit may be the key condition for levying MAT in the final draft of the DTC

November 4, 2009 478 Views 0 comment Print

The government may retain profit as the key condition for levying minimum alternate tax (MAT) in the final draft of the direct taxes code after its asset-based approach proposed earlier ran into a storm of protests from industry. Other options being considered by the government include tax exemptions for asset-heavy infrastructure companies and start-ups, and a lower rate for MAT, a senior government official told.

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