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Poor drafting of Cenvat credit Rules leading to litigations and conflicting decisions by various benches: SC

August 22, 2009 490 Views 0 comment Print

The Supreme Court has said the CENVAT Credit Rules were not properly drafted causing huge rise in litigations and conflicting decisions by various benches of Custom Excise & Service Tax Appellate Tribunal (CESTAT). The apex court said that repeated amendments in the CENVAT Credit Rules has given a further fillip in rising number of litigations in the country.

Use of other banks ATM for more then 5 times a month will cost from October

August 22, 2009 2222 Views 0 comment Print

Get ready for changes in ATM usage. Starting in October, using another bank’s ATM more than 5 times a month will cost you.

Direct tax code introduced stringent norms for non resident

August 21, 2009 424 Views 0 comment Print

It is indeed heartening to note that the tax rates applicable to non-resident corporates are sought to be brought at par with the domestic companies, to be taxed at the rate of 25 per cent. However, correspondingly, the concept of the branch profit tax is proposed to be introduced (which appears to be somewhat akin […]

TDS / TCS Rate Chart & Provisions applicable from 01.10.2009

August 20, 2009 43122 Views 63 comments Print

TDS Rates • For payment to residents and domestic companies, there will be no surcharge and cess on the basic rate of TDS. This simplifies TDS rates to a great extent. • There are changes in TDS rates for payments to contractors and payment of rent. Those are explained below. TDS on payment to contractors: Section 194C

Immediate clarity need on restatement of previous year figures to be reported as IFRS norms

August 20, 2009 492 Views 0 comment Print

Accounting regulator in India have not yet clarified on whether Indian companies, when they shift to IFRS on April 1, 2011, should recast revenues and expenses of the previous years, in line with the IFRS practices followed elsewhere, or would the domestic accounting regulator excuse local entities from this restatement.

Direct tax code propose to remove the difference between tax avoidance and tax evasion

August 20, 2009 394 Views 0 comment Print

In India, the law is settled that tax avoidance is legal and evasion is not. A taxpayer may create a device to arrange his commercial affairs to minimise his tax liability and its acceptance is based on operation of law. While revenue authorities are entitled to decipher the true meaning of a transaction, they cannot […]

Dispute Resolution Panel, National Tax Code, Returns and assessment procedures, Appeal, revision and penal provisions in Direct Tax code

August 20, 2009 568 Views 0 comment Print

Self reporting of Tax Bases & Acknowledgment [Section 148 & 154] 1. Similar to the concept of filing return of income, taxpayers have been required to file ‘Return of Tax Bases’ (‘RTB’) 2. The RTBs have to be filed on or before: • 30th June – If the person is not a company and does […]

Direct Tax code may take all benefit away from Factories, Business Processing Units and software development firms inside SEZ

August 19, 2009 511 Views 0 comment Print

  Factories, Business Processing Units and software development firms inside Special Economic Zones (SEZ) will lose all income tax benefits—the most crucial incentive for the tax free industrial enclaves— if the direct taxes code replaces the Income Tax Act of 1961 without any change. The proposed norms also talk of tightening tax incentives to developers […]

Major changes proposed in Direct Tax Code related to Capital Gain tax

August 19, 2009 370 Views 0 comment Print

The new draft Direct Taxes Code proposes to tax capital gains as regular income at normal tax rates, thereby removing the benefits of lower rates for long-term capital gains on sale of shares.

MAT provisions under direct tax code and its impact on tax liability

August 19, 2009 2693 Views 0 comment Print

MAT – Making Companies slim Ms. Kareena Kapoor style Introduction: 1.0 The objective of new Direct Tax Code (DTC) as stated in the Discussion Paper (DP) published are broadening the base, minimize exemptions, horizontal and vertical equity etc. Since the proposed DTC touches all the aspects of taxation of income of all the types of […]

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