Mumbai Income Tax Appellate Tribunal (Tribunal) [2010-TIOL-195-ITAT-MUM] in the case of Valentine Maritime Mauritius Ltd (Taxpayer), on the taxability of certain contracts executed in India. The issue primarily focused on how the ‘duration test’ of nine months under the India-Mauritius Tax Treaty (Tax Treaty) should be applied for determining whether the Taxpayer has a permanent establishment (PE) under the Construction PE rule of the Tax Treaty.
The Taxpayer had reduced the amount debited to the Profit and Loss Account (P&L) from the Loans and Advances/Debtors Account (Debtors A/c) on the assets side of the Balance Sheet. Considering this, the SC held that such a treatment constituted actual write off for the purposes of the Section and it was not necessary to credit individual debtor’s account to claim the deduction for write off.
The Government has said that under the provisions of section 205C of the Companies Act, the following amounts are required to be credited to the Investor Education and Protection Fund by the companies: (i) Amounts in the unpaid dividend accounts of companies;
Taxation for resident Indian students: All incomes earned in a foreign country are combined and taxed in India (applicable to students too, except for minors). The Income Tax (I-T) Act says an individual deputed in a foreign country on work for less than 180 days, or six months, is considered an Indian resident.
Law governing the rights of the minority, the propriety of the majority and the protection given to the shareholders under section 397/398 of the Act, is always very interesting and also complicated. There are many interesting and complicated issues under section 397/398 of the Companies Act, 1956.
In order to implement the provisions of Sec. 51A effectively the Ministry of Home Affairs, Govt. of India requested the Ministry of Corporate Affairs to issue an appropriate order to ICAI,ICSI and ICWAI to sensitize their members to the provisions of Section 51A of Unlawful Activities(Prevention ) Act, 1967. Accordingly the Ministry of Corporate Affairs vide its letter dated 22.03.2010 (copy enclosed) asked the ICAI to advise its members to act as per mandate of the Ministry of Home Affairs.
The episode on Unit linked Insurance Plans (Ulips) started on 9th April, 2010 when SEBI issued notice u/s 11 of the SEBI Act, 1992 to the 14 life insurance companies namely, Aegon – Religare, Aviva, Bajaj Allianz Life Insurance, Bharti AXA, Birla Sun Life, HDFC Standard Life, ICICI Prudential, ING Vysa Life, Kotak Mahindra Old Mutual Life, Max New Life, Metlife India, Reliance Life, SBI Life and Tata AIG Life, banning them from selling Ulips. This surprised all particularly when the insurance regulator had approved the scheme.
Most unfortunate thing to happen to a woman is to become a WIDOW. Still worst is that she is not NOMINEE in LIC / GIC Policies, P.F., P.P.F., Bank Account / FDRs and other welfare laws and DDA / Society flats, etc. and – or the deceased spouse has not even made his “REGISTERED WILL”. Though legally nominee receives money as ‘Trustee” as opposed to a beneficiary, yet in most cases, nominees are reluctant to hand over money to wife and family due to one reason or other. The widow has to fight a legal battle to get the money due to her.
Taking a leaf from the management schools, the Institute of Chartered Accountants of India (ICAI) is all set to include case studies as part of its agenda to test the application skills of the students. The institute also plans to offer accounting technician courses to the middle east countries.
After delaying liberalisation for foreign banks by over a year due to global financial meltdown, the Reserve Bank on Tuesday decided to review its position by September this year in the wake of improving conditions worldwide. The central bank will prepare a discussion paper on the mode of presence of foreign banks through branch or wholly- owned subsidiary (WOS) by September 2010, RBI said in its annual monetary policy for 2010-11.
