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Mar 11, 2010

Updates from TaxGuru 12.03.2010

Financial, Legal & Tax Updates from TaxGuru (in this message: 17 new items)



Finance Bill 2010: Deemed gifts under the Income Tax Act

Posted: 11 Mar 2010 08:01 PM PST

Clause (vii) has been inserted in section 56(2) by the Finance (No. 2) Act, 2009. Under this clause if an individual or a HUF receives on or after October 1, 2009 a gift (which falls in any of the following five categories), it is chargeable to tax...

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Procedure for Conversion of partnership firm into company and provision of Companies Act, 1956 and the Income Tax Act, 1961

Posted: 11 Mar 2010 07:52 PM PST

There are various ways of converting a firm to a company, viz; slump sale, itemized sale, admitting the company as a partner, dissolution thereof and on dissolution, business being taken over by the company etc.,. Being a topic with a very vast...

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Karnataka Budget 2010-2011-Proposed Amendments in VAT provisions

Posted: 11 Mar 2010 07:33 PM PST

VAT rate of 4% proposed to be increased to 5% on all goods except declared goods. VAT rate of 12.50% proposed to be increased to 13.50%. VAT rate of 12.50 % on tobacco products proposed to be increased to 15%.

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Whether income from referral services amount to fees for technical services – whether in absence of a PE, same could be taxed in India

Posted: 11 Mar 2010 07:14 PM PST

AAR Ruling: Referral fee received from an Indian based recruitment agency by a non-­resident is not liable to tax in India in view of the provisions of India-UK Double Taxation Avoidance Agreement [Real Resourcing Limited (AAR No. 828 of 2009)].

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Finance Bill, 2010 – Issues identified in Service tax

Posted: 11 Mar 2010 06:57 PM PST

This Note sets out some of the issues (identified during at the preliminary stage of discussion on 26 and 27 February, 2010) that are likely to arise in application of the amendments proposed by Finance Bill, 2010 relating to Service Tax. 1. Section...

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Revised Trade Timings of MCX, NCDEX, ICEX for Non-Agri Commodities from 15th March 2010

Posted: 11 Mar 2010 06:44 PM PST

Commodity exchanges MCX, NCDEX and ICEX have reduced trade timings by 25 minutes for non-agricultural commodities to align with the US daylight saving times. According to separate statements issued by the three exchanges, all commodities except...

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MCA may soon release e-from for companies to submit Corporate Social Responsibility report

Posted: 11 Mar 2010 06:37 PM PST

The Ministry of Corporate Affairs had released voluntary guidelines on Corporate Social Responsibility (CSR) during the 'India Corporate Week' organized in December last year. A number of corporates have stated that they would like to have an...

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Passport under Tatkal scheme in one to seven days

Posted: 11 Mar 2010 06:04 PM PST

Applications for issue of passports under the Tatkal scheme are accepted if a verification certificate is submitted in the prescribed performa, duly signed by a designated officer of the Central/State Governments, or on submission of three...

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ICAI released Exposure Draft of Accounting Standard 5, 34 and 35

Posted: 11 Mar 2010 05:52 PM PST

Exposure Draft of Accounting Standard (AS) 5 (Revised 20XX) (Corresponding to IAS 8), Accounting Policies, Changes in Accounting Estimates and Errors (Comments to be received by 7 April 2010) - (11-03-2010)

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Taxability of Income dependent on residential status of the Assessee

Posted: 11 Mar 2010 05:31 PM PST

An individual is taxed based on his residential status in India. The residential status, in turn, is determined based on the physical stay of an individual in the relevant financial year (tax year) as well as preceding ten tax years. This is...

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For IPO opening on or after 1st May 2010 even QIBs have to pay 100% Application Money

Posted: 11 Mar 2010 05:24 PM PST

"In the primary issuance process, Qualified Institutional Buyers (QIBs) that currently pay only 10% margin while applying will be required to pay 100 per cent money in line with what other investors are required to do for all the issues that open on...

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SBI amending Rules to empower it board of directors to appointing its own Auditors

Posted: 11 Mar 2010 05:04 PM PST

The State Bank of India (Amendment) Bill 2010 contains a provision that will further limit the Reserve Bank of India's powers on bank auditor appointment. The provision allows SBI to appoint its own statutory auditors. The Central Government too...

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Delayed payment of employees' PF contribution allowable u/s 43B of The Income Tax Act

Posted: 11 Mar 2010 04:46 PM PST

The assessee paid the employees' contribution to PF and ESIC after the grace period but before the due date for filing the return. The AO disallowed the payment u/s 36(1) (va) and held that s. 43B had no application. This was confirmed by the CIT...

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Government may harmonise corporate governance norms with new Companies Act

Posted: 11 Mar 2010 04:33 PM PST

The government today said it will try to harmonise the voluntary corporate governance norms with the new Companies Act and is open to make the existing guidelines more effective.

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Extension of time limit for Five Year Tax Holiday to Commonwealth Games hotel Projects in Delhi & NCR

Posted: 11 Mar 2010 04:22 PM PST

At the behest of the Minister of Tourism Kumari Selja, in order to encourage the growth of new hotels coming up for the Commonwealth Games, the Ministry of Finance in the recently announced Union General Budget has extended the Five Year Tax Holiday...

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How to Get Speedy Justice from Civil Courts?

Posted: 11 Mar 2010 08:33 AM PST

Many complain that there is so much delay before traditional Civil Courts and I do strongly feel that the possible delay before the Civil Courts and the presumptions makes a person to compromise with his rights too even. It is presumed that the...

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Brief Notes on Service Tax amendments introduced through Finance Bill, 2010

Posted: 10 Mar 2010 08:15 PM PST

Brief Notes on Service Tax amendments introduced through Finance Bill, 2010 and by virtue of Notification No 2/2010-ST to 17/2010-ST all dated 27.02.10 and CENVAT Credit Rules, 2004, amendment by virtue of 6/2010-CE (NT). It seems, in this budget...

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With Regards, 
CA Sandeep Kanoi 
Website: http://www.taxguru.in/ 
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