Hon’ble Finance Minister Shri Pranab Mukharjee has introduced the Finance Bill, 2010 in the Lok Sabha on the 26th of February, 2010. Clause 75 and 76 of the said bill covers the legislative changes relating to Chapter V of Finance Act, 1994 (i.e. Service Tax). While some fresh exemptions from service tax have been granted, some existing exemptions have either been withdrawn or modified. All these changes have been notified under notification nos. 2/201 0–ST to 17/201 0–ST all dated 27th February 2010.
construction of a new building which is intended for sale, wholly or partly, by a builder or any person authorised by the builder before, during or after construction (except in cases for which no sum is received from or on behalf of the prospective buyer by the builder or the person authorised by the builder before grant of completion certificate by the authority competent to issue such certificate under any law for the time being in force ) shall be deemed to be service provided by the builder to the buyer.
As per Memorandum on Finance Bill, 2010 a source rule was inserted in section 9 of Income-tax Act in 1976 with an intention of bringing to tax fees for Technical Services by creating a deeming fiction that even in cases where services are provided by a non-resident outside India, consideration for such services will be taxable in India so long as services are utilised in India. The source rule effectively means that the situs of the rendering of ser-vices is not relevant.
When the finance minister in his budget speech acknowledged that the film industry has been experiencing difficulties while discussing the proposals relating to customs duties, it appeared that the industry was finally going to get a respite from controversies relating to the valuation of imported content. While the FM did rationalise the customs duty structure, on the flip side, he has imposed a service tax on transactions entailing licensing of copyright.
Mandatory doubling of the limit for collateral free loans to micro and small enterprises (MSEs) sector to Rs.10 lakh from the present Rs. 5 lakh, increase in the extent of guarantee cover, absorption of guarantee fees for the collateral free loans by CGTMSE subject to certain conditions, lower guarantee fees for women entrepreneurs and enterprises in the North-East, simplification of procedure for filing claims with CGTMSE and increasing awareness about the scheme are some of the recommendations of the Working Group set up to review the Credit Guarantee Scheme of the Credit Guarantee Fund Trust.
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CHAPTER 1 – BASIC CONCEPTS, CHAPTER 2 – MATERIAL, CHAPTER 3 – LABOUR, CHAPTER 4 – OVERHEADS, CHAPTER 5 – NON INTEGRATED ACCOUNTING, CHAPTER 6 – METHOD OF COSTING (I), CHAPTER 7 – METHOD OF COSTING (II), CHAPTER 8 – STANDARD COSTING, CHAPTER 9 – MARGINAL , cOSTING, CHAPTER 10 – BUDGETS AND BUDGETARY CONTROL
Share transfers: We all know the settled law that the Private Company can have restrictions in its Articles restricting the right of its shareholders in transferring the shares. There can not be any such restriction in the articles of Public Companies as it is expressly prohibited under law. The Private Company can refuse to register the transfer or transmission of shares on certain grounds and the scope of refusal of registration of transfer or acceptance of transfer are very limited in Public Companies as everybody knows.
Income Tax Act is a comprehensive as well as a complex enactment of fiscal Statutes of the country. With the passage of time it has undergone various changes keeping in view the socio economic needs of the society and the broader objective of rationalization of the taxation structure. In the process one Act has been completely replaced by another Act. In this article without going into the niceties of the statue, let us in few lines embark upon and make an effort to look into the genesis along with an approach and objectives of the presently operating tax laws.
whether the losses of an undertaking of the Taxpayer which is not eligible for tax holiday (Non- eligible Undertaking), are required to be set off against the profits of another undertaking of the Taxpayer which is eligible for tax holiday (Eligible Undertaking). The SB held that the amount eligible for tax holiday was specific to each undertaking of the Taxpayer