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Easy Economy to a Competitive Economy (series 1)

January 28, 2010 1296 Views 0 comment Print

This year again we will see this same picture on 26th of February 2010.Lots of hope and fate in that briefcase. Along with this US budget is also about get on the table within a next week followed with many countries budget. But we are already witnessing massive tremors of its upcoming budget earth quake. The tremors are so hard that the world equity markets have been rattled and saw a coming of like a house collapsed under earth quake.

Dispute Resolution Panel to pass speaking order after considering objections and evidences furnished by the taxpayer

January 28, 2010 760 Views 0 comment Print

Delhi High Court in the case of Messe Dusseldorf India Pvt. Ltd. (Taxpayer) [2010-TIOL- 74-HC-DEL-IT] dismissing a writ petition, held that in cases where a taxpayer has not been provided an opportunity of being heard by the Transfer Pricing Officer, the taxpayer is entitled to raise all objections and furnish necessary evidence to the Dispute Resolution Panel (DRP)

Hard nut to crack -Service tax refund claim

January 28, 2010 2780 Views 0 comment Print

The recent circular no. 120/01/2010-ST dated January 19, 2010 has been issued by the Board for claiming the refund of unutilized Cenvat credit under Rule 5 of Cenvat credit Rules by the service exporters. The above circular has tried to address all the problems faced by the service tax exporters in claiming such exemption. They have tried to give clarification on all the issues. But the famous Hindi proverb “lohe ke chane chabana” (Hard nut to crack) is apt for refund claim for the exporters under Notification 41/2007 or refund under Rule 5.

RBI likely to hike CRR , Repo Rate and Reverse Repo Rate

January 26, 2010 573 Views 0 comment Print

Ahead of the Reserve Bank’s quarterly monetary policy, RBI is likely to signal interest rate hikes to suck out liquidity from the market and check prices from spiraling further. Reserve Bank may also raise the amount banks need to park with the apex bank (CRR) by up to 50 basis points. Reserve Bank could raise the short-term borrowing (reverse repo) rate by 25 basis points. Reserve bank is likely to hike cash reverse ratio by up to 50 basis points.

Service tax refunds to exporters

January 26, 2010 804 Views 1 comment Print

In order to make exports of services from India internationally competitive, the Government of India has zero rated such exports. Consequently, the services exporting community is entitled to obtain refunds of input tax credits or utilise such credits to offset domestic output service taxes. The IT and the ITES industry is a key part of the service exporting community and was expected to be a major beneficiary of such refunds in terms of being competitive in the global marketplace.

S.153A does not authorize de novo assessment. Non-pending assessments do not abate. Additions must be confined to search material.

January 26, 2010 661 Views 0 comment Print

S. 153A provides that where a search is initiated u/s 132 the AO shall assess or reassess the total income of six assessment years immediately preceding the assessment year relevant to the previous year in which the search is conducted or requisition is made. The 1st Proviso states that the AO shall “assess or reassess the total income

E-Filing of income Tax returns needs a close review

January 26, 2010 895 Views 0 comment Print

Despite the fact that CBDT has made commendable effort to devise suitable annexures for electronic filing, in practical parlance, the taxpayers usually face serious problems primarily because there is no space to give any further information which is considered relevant by an assessee to be filed along with the return.

Recent Tribunal rulings on transfer pricing issues in the case of Global Vantedge Pvt. Ltd and Quark Systems Pvt. Ltd.

January 26, 2010 1987 Views 0 comment Print

The Delhi Tribunal, in the case of Global Vantedge Pvt. Ltd. (Taxpayer) [2010-TIOL¬24-ITAT-DEL], has held that the total amount of adjustment made, along with the arms length price (ALP) already reported by the Taxpayer, cannot exceed the total amount of revenues earned by the Taxpayer and its associated enterprise (AE) from dealing with third party clients.

Income cannot be reassessed on a mere change of opinion

January 26, 2010 1041 Views 0 comment Print

In a recent ruling Supreme Court (SC) [2010-TIOL-06- SC-IT-L13] in the case of Kelvinator of India Ltd. (Taxpayer) held that income cannot be reassessed on a mere change of opinion, as that would imply conferring arbitrary powers on the Tax Authority. It is only when there is a tangible material to believe that income has escaped assessment

ATM transaction not free for banks

January 25, 2010 516 Views 0 comment Print

ATM transactions may have become free for customers, but banks now have to pay Re 1 for every ATM transaction that is routed through the National Financial Switch — the backbone of ATM networks in the country. The charge has been introduced after RBI transferred ownership of NFS from its technology arm IDRBT to the newly-formed National Payments Corporation.

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