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Queries arising out of Calendar for compliance and TDS rates for FY 2009-10

September 29, 2009 402 Views 0 comment Print

(i) Whether the revised TDS rates for payment to contractors and TDS on Hire / Rentals, are effective from 1.10.2009. (ii) Whether surcharge and education cess should not be deducted with immediate effect, from non-salary payments being made to residents (Individuals as well as domestic companies).

FAQs on applicability of Surcharge and Cess on TDS after budget 2009 and on new TDS rate

September 28, 2009 2406 Views 0 comment Print

1. What is the date when the Finance Bill became Finance Act 2009? 19-08-2009 2. In which cases surcharge on TDS rates is NOT applicable? On all payment to residents On all payment to non-corporate non-residents On all payments to foreign corporate if total payment is less than 1 Crore

FAQ on the Exemption/ Refund Scheme for Exporters

September 26, 2009 3340 Views 0 comment Print

Refund scheme to exporters was introduced by notification no. 41/2007 dated 6th Oct 2007. The scope of refund was enhanced from time to time along with the procedural changes. To make the scheme simple and ensure speedier disposal, two notifications 17-2009-ST and 18-2009-ST have been issued on 7th July 2009 superseding the earlier scheme.

Karnataka High Court rules on withholding tax obligation for non-resident payments

September 24, 2009 3056 Views 0 comment Print

This article summarizes a recent ruling of the Karnataka High Court (HC) [ITA No. 2808 of 2005] in the case of Samsung Electronics and others (Taxpayers). The HC held that any payment resulting in any income in the hands of a non-resident would be subject to withholding tax under the Indian Tax Law (ITL). Unless an order is obtained from the Tax Authority for withholding tax at a lower rate or for not withholding tax, a taxpayer would need to withhold tax on the income at the applicable withholding tax rates, even if the income may not be taxable in the hands of the non-resident.

Listed companies may soon have to get done Quarterly cost audit

September 23, 2009 738 Views 0 comment Print

Quarterly cost audit by internal auditors in the listed companies should be explored in consultation with the market regulator SEBI to improve corporate governance, an expert group appointed by Corporate Affairs Ministry has suggested. “The possibility of introducing quarterly limited review of cost details, in case of listed companies, may be examined in consultation with SEBI,” […]

Merchant Overtime Fee- Dispute on overtime

September 22, 2009 22544 Views 0 comment Print

By CA. Pradeep Jain and Sukhvinder Kaur [LLB (FYIC)] Merchant overtime fee (MOT charges) are the charges which are required to be paid by the exporter/ assessee who is availing the services of Central Excise Officers, in accordance with any prescribed  procedure, beyond office hours or on Sunday, Saturdays or public holidays i.e. is after […]

Is it time to migrate to LLP Structure?

September 22, 2009 450 Views 0 comment Print

The Union Budget 2009 presented by the Hon’ble Finance Minister, Mr. Pranav Mukherjee , inter alia also provided the much awaited tax treatment for the new corporate business vehicle viz., Limited Liability Partnerships (LLP). With this proposal, the unclear picture surrounding the tax aspects of LLPs seems to have been cleared.

Companies Bill 2009: Governance, Accountability & Role of Company Secretary

September 21, 2009 543 Views 0 comment Print

1.  Key Managerial Personnel (Clause 178) (a)  Definition As per clause 178, every company belonging to such class or description of companies as may be prescribed shall have Whole-Time Key Managerial Personnel (KMP).

Amendment for Cenvat on Building Material : Far from solutions

September 19, 2009 4417 Views 2 comments Print

In a manufacturing process, there are a lot of raw materials used to make a final product. The excise duty paid on the said raw materials or inputs used in manufacturing of final products are eligible as Cenvat credit under the Cenvat credit scheme. However, all materials used in a manufacturing process are not inputs […]

Special Economic Zones Act, 2005: An overview

September 19, 2009 33980 Views 0 comment Print

Introduction:  Amidst WTO & GATS, Special Economic Zones have attained a centre stage. The Central Government has enacted the SEZ Act with the major objective of generation of additional economic activity, promotion of export of goods and services, investment from domestic and foreign sources and creation of employment opportunities. This Act is unique as it […]

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