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Never ending bailout

December 19, 2009 573 Views 0 comment Print

Banking trouble never seems to end for the world. Even despite of pumping huge funds to bailout and buying up crisis lead bank mortgage assets the story still remains to be unfolding few funds more to be spent. This time the number have taken a growth in European banks (ECB).European countries have been trying to hard to come out of the crisis of recession which have jeopardized theirs future economic growth.

Tribunals upheld the concept of ‘make available’ and held specified services not Fees for technical services

December 19, 2009 4552 Views 0 comment Print

Tribunals upheld the concept of ‘make available’ and held specified services not Fees for technical services Mumbai and Bangalore bench of Tribunal upheld the concept of ‘make available’ in two different cases and held that the specified services were not in the nature of Fees for included/technical services.

Views solicited on the Indian Trusts (Amendment) Bill, 2009

December 18, 2009 1667 Views 0 comment Print

Views and suggestions are solicited on the Indian Trusts (Amendment) Bill, for submission to the Hon’ble Parliamentary Standing Committee. Please click for text of the Indian Trusts (Amendment) Bill, 2009 alongwith statement of Objects and Reasons.

Simple understanding of GST

December 18, 2009 17033 Views 1 comment Print

Q.1 What does GST seeks to achieve? Ans. GST is a major indirect tax reform in India which takes VAT to its logical conclusion. GST would avoid burden of multiple taxation (tax on tax) with a cascading effect. GST seeks to rule out cascading tax effect. Once it introduced, CST will also be removed.

Short term capital losses subject to STT can be set off against Short term capital gains not subject to STT

December 18, 2009 6983 Views 0 comment Print

The Finance Act, 2004 introduced section 111A in the Income-tax Act, 1961 (the Act) prescribing a tax rate of 10 percent on Short Term Capital Gains (STCG) arising from sale of shares on or after 1 October 2004 on a stock exchange which are subject to Securities Transaction Tax (STT).

Allowability of difference between market price & issue price of ESOP

December 18, 2009 3206 Views 0 comment Print

Recently, the Delhi Bench of the Income-tax Appellate Tribunal (the Tribunal) in the case of Ranbaxy Laboratories Ltd. has held that the difference between the market price and the issue price of the shares offered to employees under the Employee Stock Option Scheme (ESOP) is not an allowable expenditure since the loss incurred due to issue of shares at a discount is a notional loss and such notional loss cannot be considered as an allowable expenditure under the provisions of the Income-tax Act, 1961 (the Act). Though it was mandatory to record it as an expenditure as per the Securities Exchange Board of India (SEBI) guidelines.

Company Law in India – A Brief

December 17, 2009 4438 Views 0 comment Print

In view of the vastness of the subject, the complications and listening at many of my colleagues, I have decided to present a small brief on Companies to be formed under the provisions of Companies Act, 1956, the difference between Private Limited and Public Limited Companies, the applicable law and also the complications. I know the vastness of the subject and I just want to present a small brief as follows:

Conversion of DTA unit to STPI unit – eligible for deduction under Section 10A

December 17, 2009 1602 Views 0 comment Print

The agitation by the revenue is that the assessee company was not entitled to deduction under section 10A as the CIT (A) failed to appreciate the fact that the assessee had commenced manufacture, production of software prior to its registration as STPI and the STPI authorities had granted approval

Capital gain tax on Transfer of redevelopment rights?

December 17, 2009 1729 Views 0 comment Print

As per the Development Control Regulations of the Municipal Corporation of Greater Bombay, 1991 (‘DCR’), in the case of redevelopment of existing buildings, an additional FSI is granted tothe land owner. The additional FSI can be utilised in the following manner:

Issues under Income Tax on Shares & Securities Transactions

December 17, 2009 5829 Views 1 comment Print

With the tax authorities out to prove that the existence of a large number of transactions in shares is to be treated as business income, while the focus of assessees generally has been on trying to refute the tax authorities arguments through stressing the various factual aspects related to the transactions, very often one tends to miss out on exploring the possible alternative contentions, which could mitigate the impact or at times even dissuade the Assessing Officer from treating such transactions as business transactions. What are these contentions?

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