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Payment made outside India taxable if deal has links with India

May 29, 2010 1155 Views 0 comment Print

The Income-tax department can tax even a payment made to a foreign entity outside India, if the transaction has a business connection within the country, according to a verdict passed last week by the Income Tax Appellate Tribunal, Mumbai.

Supreme Court ruling poses HR issue for tribunals

May 29, 2010 645 Views 0 comment Print

In 2002, the Companies Act, 1956, was amended to provide establishment of company law tribunals to play the role that had hitherto been played by high courts. Specific arrangements and transactions such as mergers, demergers and reduction of capital, and also liquidation and winding up of companies are overseen by high courts having jurisdiction where the registered office of the company is located. The amendment sought to move such jurisdiction to specialised tribunals established for the purpose, with an appellate tribunal adding a layer of appeal.

In order to determine the arm’s length price of the international transaction, the arm’s length margin should be applied only on the international transaction

May 29, 2010 783 Views 0 comment Print

The Mumbai Bench of the Income-tax Appellate Tribunal (‘Tribunal’) in the case of T Two International Pvt. Ltd., Tara Jewels Exports Pvt. Ltd. and Tara Ultimo Pvt. Ltd. (See Note-1) (‘the ‘Company’ or ‘taxpayer’), held that in order to determine the arm’s length price of the international transaction, the arm’s length margin should be applied only on the international transaction and not on the entire costs / sales of the taxpayer, as the case may be.

A Trillion Dollar Smile

May 28, 2010 1266 Views 0 comment Print

Can any economist or any financial guru from the world forum can explain that how many times the trillion and billion dollars will be used to buy the defaults. We spent trillion dollars tax savers money to Buy Smile on the face of world financial markets.

Another Restructuring for Greece

May 28, 2010 461 Views 0 comment Print

The European economies were very happy after getting the bailout of around one trillion dollars. It was enough to buy up the debts and save the economy from the verge of death. The world stock markets were happy and were celebrating Christmas due to the revival package poured in to the cup of Greece and other European debt burden economies.

Nomination -Meaning, Procedure; Minor Nominee, Joint Nomination

May 28, 2010 43730 Views 19 comments Print

Nomination is the process of appointing a person to take care of your assets in the event of your death. You can appoint a nominee for your bank account, fixed deposit, demat account, or even your house. A nominee could be a family member or a friend or any other person whom you trust.Procedure to appoint Nominee, Appoint of Minor as Nominee, Nomination by Joint Account Holder, Role of the nominee

A brief on National Company Law Tribunal (NCLT) and challenges ahead

May 28, 2010 2123 Views 0 comment Print

Scope of Work:- The Companies (Second Amendment) Act, 2002 suggested the creation of a national tribunal would look into most corporate matters in the country. It will be responsible for handling all pending matters before the Company Law Board, the Board for Industrial and Financial Reconstruction (BIFR) and the corporate benches of the High Courts, apart from handling new cases.

RBI Guideline on issue of shares by Indian company to non-resident & transfer of shares of Indian company from a resident to a non-resident, or vice versa

May 28, 2010 11510 Views 0 comment Print

New guidelines on private firm’s share do not provide guidance on the use of DCF method, be it in terms of discount rates or to compute cash flows into perpetuity. A series of regulatory and tax changes has completely changed the rules for transacting in shares of a private company in the country.

Taxation of financial services under GST

May 27, 2010 2143 Views 0 comment Print

One of the most significant features of GST would be the taxation of financial services. No country in the world has been able to design a model for inclusion of financial services within the VAT/GST framework. India, if successful, will chart a new course, which could well become a model for the rest of the world to emulate.

Tax treatment of Gratuity after Increase in limit from 3.50 lakh to 10 lakh

May 27, 2010 33943 Views 51 comments Print

The government notified the Payment of Gratuity (Amendment) Act, 2010 on May 18, 2010, which increases the limit of gratuity payment to employees in the specified sectors/establishments covered under the Payment of Gratuity Act, 1972 (“Gratuity Act”). After the amendment, these employees are eligible to receive gratuity up to Rs 10,00,000, which was earlier restricted to Rs 3,50,000. Thus, crores of workers will be benefited in establishments covered by the Gratuity Act.

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