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A Primer on Proposed Tax System on Goods and Services Part-I: Basic Concept and Framework

March 13, 2010 534 Views 0 comment Print

GST is a tax on goods and services with comprehensive and continuous chain of set-off benefits from the producer’s / service provider’s point up to the retailer’s level i.e. up to the last level in the chain. It is essentially a tax only on value addition at each stage. The whole structure is devised in such a way that only the final consumer should bear the tax.

Pledge of Shares held in dematerialized form

March 12, 2010 8763 Views 0 comment Print

Pledge of shares is a common practice adopted in the securities market by investors and intermediaries to raise finance. Banks and financiers have their own method of advancing money in pledge transactions. They keep a margin against the quotations of the shares. S 172 of the Indian Contract Act, 1972 defines pledge as bailment of goods for payment of debt or performance of promise.

Finance Bill 2010: Deemed gifts under the Income Tax Act

March 12, 2010 6432 Views 0 comment Print

Clause (vii) has been inserted in section 56(2) by the Finance (No. 2) Act, 2009. Under this clause if an individual or a HUF receives on or after October 1, 2009 a gift (which falls in any of the following five categories), it is chargeable to tax in the hands of the recipients under the head “Income from other sources”.

Karnataka Budget 2010-2011- Amendments in VAT

March 12, 2010 33656 Views 0 comment Print

VAT rate of 4% proposed to be increased to 5% on all goods except declared goods. VAT rate of 12.50% proposed to be increased to 13.50%. VAT rate of 12.50 % on tobacco products proposed to be increased to 15%.

Whether income from referral services amount to fees for technical services – whether in absence of a PE, same could be taxed in India

March 12, 2010 4694 Views 0 comment Print

AAR Ruling: Referral fee received from an Indian based recruitment agency by a non-­resident is not liable to tax in India in view of the provisions of India-UK Double Taxation Avoidance Agreement [Real Resourcing Limited (AAR No. 828 of 2009)].

Finance Bill, 2010 – Issues identified in Service tax

March 12, 2010 282 Views 0 comment Print

This Note sets out some of the issues (identified during at the preliminary stage of discussion on 26 and 27 February, 2010) that are likely to arise in application of the amendments proposed by Finance Bill, 2010 relating to Service Tax. 1. Section 65(19a) – Definition of “business entity”. The definition is an inclusive one and excludes an “individual”. The issue that arises is whether an individual includes “proprietary concern”?

ICAI released Exposure Draft of Accounting Standard 5, 34 and 35

March 12, 2010 497 Views 0 comment Print

Exposure Draft of Accounting Standard (AS) 5 (Revised 20XX) (Corresponding to IAS 8), Accounting Policies, Changes in Accounting Estimates and Errors (Comments to be received by 7 April 2010) – (11-03-2010)

Taxability of Income dependent on residential status of the Assessee

March 12, 2010 3850 Views 0 comment Print

An individual is taxed based on his residential status in India. The residential status, in turn, is determined based on the physical stay of an individual in the relevant financial year (tax year) as well as preceding ten tax years. This is particularly relevant in respect of Indians working overseas or having income/income earning assets outside India.

How to Get Speedy Justice from Civil Courts?

March 11, 2010 2349 Views 0 comment Print

Many complain that there is so much delay before traditional Civil Courts and I do strongly feel that the possible delay before the Civil Courts and the presumptions makes a person to compromise with his rights too even. It is presumed that the enormous work load before the Civil Courts and the complicated procedures and especially the procedure prescribed under Civil Procedure Code, 1908 is the root cause for the delay.

Brief Notes on Service Tax amendments introduced through Finance Bill, 2010

March 11, 2010 8140 Views 0 comment Print

Brief Notes on Service Tax amendments introduced through Finance Bill, 2010 and by virtue of Notification No 2/2010-ST to 17/2010-ST all dated 27.02.10 and CENVAT Credit Rules, 2004, amendment by virtue of 6/2010-CE (NT). It seems, in this budget 2010, finance minister want to wipe out country fiscal deficit in one stroke by overdosing taxation on services or on deemed service (by fiction of law).

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