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Recent changes in eTDS Statement Filing Requirements applicable from 2nd quarter of financial year 2010-11 – FVU 3.0

October 6, 2010 3678 Views 0 comment Print

NSDL has notified changes in data structure and validations for filing eTDS statement for FY 2010-11. These changes are effective for the forthcoming second quarter statement filing due on Oct 15, 2010. The changes are primarily to give effect to Notification 41.

Civil Procedure Code and a proceeding under section 397/398 of Companies Act, 1956?

October 5, 2010 2004 Views 0 comment Print

I have read few judgments on a proceeding under section 397/398 of Companies Act, 1956 placing reliance on Company Law Board regulations and based on the procedural technicality. With great respect to the courts, I do strongly feel that the Company Law Board should not go technically in a proceeding under section 397/398 of the Companies Act, 1956.

Johnny and Service Tax Refund [Series-II] Part 2- ‘Conditions Relating to CHA service’

October 5, 2010 768 Views 0 comment Print

Presently, assesses are claiming refund orders on the services provided by CHA which are gigantic problematic services in getting refund. The refunds claimed by the assessees as against their exports are their civil rights but are being declined by the departmental authorities on various arguments which are of no significance and value less. The various reasons on which the department is refusing these refund claims on the said service are highlighted as under:

Article on Central Excise – Marketability of Goods

October 4, 2010 8006 Views 0 comment Print

Excise duty is essentially a duty on manufacture and is listed in Entry No. 84 of List-1 (Union List). Thus, entry 84 of Union List, read with Article 246 authorizes the Central Government to levy Excise duty on tobacco and other goods manufactured

RBI issues notice to Banks for alleged derivative violations

October 4, 2010 444 Views 0 comment Print

Reserve Bank of India has sent show cause notices to over 12 banks for alleged violation of foreign exchange rules in sale of derivative products, banking industry sources said. Sources said notices were sent to banks for alleged violation of derivat

No penalty if delay in filing returns is genuine- ITAT

October 3, 2010 6454 Views 0 comment Print

Delhi bench of the (ITAT) has ruled that penalty cannot be levied if there is a genuine reason for the delay. Open Technologies India who filed the appeal against the Rs1 lakh penalty imposed on it by the I-T department because of an alleged delay in filing a report from a Transfer Pricing Accountant.

Direct Tax Code-2010 Proposed Changes in respect of international taxation

October 2, 2010 609 Views 0 comment Print

Income shall be deemed to accrue in India if it accrues, directly or indirectly through or from transfer of a capital asset situated in India. However, the income from the transfer by a non?resident of any share or interest in a foreign company would not be considered as income, wherein at any time in twelve months preceding the transfer, the fair market value of the assets in India, owned, directly or indirectly, by the company, represent at least fifty per cent of the fair market value of all assets owned by the company.

Internship Facility on Competition Law and Policy

October 2, 2010 600 Views 0 comment Print

Competition Commission of India (CCI) provides internship facility on competition law and policy to students pursuing Chartered Accountancy course. The objective of internship is to familiarize interested and willing students about the competition la

Hindu Marriage- Conditions for valid marriage

October 2, 2010 1005 Views 0 comment Print

The case of the appellant was that she and respondent Santosh Kumar Singh were coworkers and were known to each other. They fell in love and ultimately the respondent proposed to marry the appellant. The appellant agreed to such proposal and on 21.03

Tax effect of Indirect sale distribution channels

October 1, 2010 786 Views 0 comment Print

According to Income-tax Act, 1961 “the Act” companies need to withhold tax under section 194H on amount of commission paid to its distributors/ agents or anyone else. Generally the companies selling goods through agents sell its product to agents at price less than market price, Now here arise the point of legal action, whether difference between the retail price (at which product is sold to end user) and the price at which product is transferred to agents is “discount” or “commission”. Income-tax authorities consider it to be commission to try cover such transactions under the ambit of section 194H and on the other hand companies consider it to be a discount. In recent times there flowed numerous judgements from various forums dealing on this issue, some against and some in favour of the assessee.

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