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Mar 19, 2010

Updates from TaxGuru 20.03.2010

Financial, Legal & Tax Updates from TaxGuru (in this message: 50 new items) 


Empanelment for preparation of manual on financial management of AIIMS

Posted: 19 Mar 2010 09:04 PM PDT

Notice:- Inviting applications from CA/ CA firms for empanelment as Consultant for preparation of manual on financial management of AIIMS compatible with IT- enabled accounting, material management, inventory control and financial oversights etc.

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Netting of Interest receipt not allowed for Calculating deduction u/s. 80HHC: Bombay HC

Posted: 19 Mar 2010 08:33 PM PDT

Explanation (baa) to s. 80HHC provides that 90% of interest, rent etc has to be reduced from the "Profits & gains" for purposes of s. 80HHC. In Lalsons Enterprises 89 ITD 25, the Special Bench of the Tribunal held that in computing the said...

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Loud protest over increase in vat by one percent on 90 Commodities in Maharashtra

Posted: 19 Mar 2010 08:20 PM PDT

The Opposition alleged that notification seeks to increase VAT on sugar and cloth material, while the items are covered under Central VAT Act. The Maharashtra Government's notification to increase value added tax (VAT) by one per cent on 90...

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RBI may issue guidelines on new banking licences in about three months

Posted: 19 Mar 2010 08:08 PM PDT

The Reserve Bank of India today said it may come out with guidelines on new banking licences in about three months. "It (framework on new banking licences) may take three months. It all depends on what are the situations and complexities of issues,"...

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CA student misused stamps of Chartered Accountants

Posted: 19 Mar 2010 08:04 PM PDT

In the wake of a chartered accountancy student's arrest last week for allegedly forging documents using a CA's stamps and seals, the Pune branch of the Institute of Chartered Accountants of India (ICAI), now suspects the accused may have misused...

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Government looking to induct strategic partner in Maytas Properties

Posted: 19 Mar 2010 07:52 PM PDT

Minister for corporate affairs Salman Khurshid on Thurday said that the government is looking at the possibility of inducting a strategic partner in Maytas Properties, the company promoted by the kins of B Ramalinga Raju, founder of the former...

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Sub-Letting or allowing others to stay may attract eviction

Posted: 19 Mar 2010 09:47 AM PDT

Allowing your brother or kin to stay in your tenanted flat while you stay elsewhere may cost you your tenancy and get you evicted on grounds of sub-letting. This is what the Bombay high court held recently in a case that was fought for over 30 years.

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Income tax department unearthed unaccounted Income of around 200 crore

Posted: 19 Mar 2010 09:42 AM PDT

About Rs 200 crore of unaccounted income has been detected in the past week in surveys conducted by the income tax authorities in Ahmedabad and Surat, an official said Tuesday. Two builders of Ahmedabad disclosed unaccounted income of Rs 100 crore...

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Ancestral family property can be 'gifted' away : Bombay HC

Posted: 19 Mar 2010 09:36 AM PDT

he Bombay High Court ruled on Wednesday that no part of an ancestral family property can be 'gifted' away. The court in a landmark order while resolving the dispute over a 69-year-old gift deed declared as void the document dating back to 1941,...

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Reassessment – no new material or information – not allowed

Posted: 19 Mar 2010 09:32 AM PDT

The only reason which has been given seeking reopening of the assessment for the years 1997-98 and 1998-99 is that suppression of sales have taken place on account of the fact that when average price of the closing stock is multiplied with the...

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Penalty- additions accepted does not necessarily attract penalty

Posted: 19 Mar 2010 09:28 AM PDT

It is a settled principle that the power of levying penalty or not is discretionary and not mandatory. The law requires that whenever the AO is to exercise his discretion then it is the AO alone who is to exercise that discretion and the appellate...

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CIT empowered to Cancel Registration of Trust: Budget 2010

Posted: 19 Mar 2010 08:03 AM PDT

Registration of trust was governed by Section 12A of the Act prior to the introduction of Section - 12AA vide Finance Act, 2007. Section – 12AA(3) empowers the commissioner to cancel the registration of trust, if the registration is granted u/s....

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Charitable Organisations having object of general public utilitiy: Budget 2010

Posted: 19 Mar 2010 07:45 AM PDT

Organisations which are existing for charitable purpose are entitled to seek exemption from the tax liabilities under the Act. However, the institutions which were engaged in charitable activities other than relief to poor, education, medical...

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Deduction for Medical Insurance under section 80 D in respect of contribution to Central Government's health scheme: Budget 2010

Posted: 19 Mar 2010 07:43 AM PDT

Under the existing section 80D, deduction upto a sum of Rs. 15,000 on premium paid for insurance on the health (Mediclaim) of the assessee and his family. A further deduction of Rs. 15,000 is admissible if the medical insurance is taken for parents...

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Budget 2010: Insertion of a new Deduction for investment in Long Term Infra-structure Bonds – section 80CCF

Posted: 19 Mar 2010 07:40 AM PDT

Under the existing provisions, there is a limit of Rs.1,00,000 u/s. 80CCCE which is for specific deductions in computing the total income under section 80C, 80CCC & 80CCD; a new section has been inserted for granting deduction to individual or...

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Will rights issues be more favoured to QIPs in 2010?

Posted: 19 Mar 2010 07:32 AM PDT

Rights Issues (RIs) were out of favour with corporate India in 2009. Reason for such situation was due to depressed sentiments in the capital market. In 2008 ,companies raised Rs 29,786 Cr through RIs which reduced in 2009 to Rs 2,525 Cr ....

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Transfer of shares to Partnerships and Closely Held Companies to attract the provisions of section 56(2) in the hands of the recipient: Budget 2010

Posted: 19 Mar 2010 03:46 AM PDT

Hitherto, only transfer of property to individuals and HUFs were only covered by the provisions of section 56 (2), whereas the recipient firms, companies, etc. were excluded from taxation. By proposed amendment, it is sought to tax the firms and...

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Income Tax on transfer of property without consideration or for inadequate consideration: Budget 2010

Posted: 19 Mar 2010 03:44 AM PDT

With effect from A.Y. 2005-06, a concept of levying income-tax on the gifts received by an individual or HUF was introduced in Section 56 (2) of the Act. This was done to combat certain misuse of the provisions where the gift was received from a...

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Maharashtra VAT notification enhancing the basic rate of tax

Posted: 19 Mar 2010 03:38 AM PDT

Further, the State Government has issued a corrigendum to the above notification and a circular to clarify that fabrics and sugar, as described in the First Schedule to the Additional Duties of Excise (Goods of Special Importance) Act, 1957, which...

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Employers to obtain Certificate of Registration under the Profession Tax Act,1975, Payment of Profession Tax of employees

Posted: 19 Mar 2010 03:25 AM PDT

As per the provisions of section 5 read with section 4 of the Maharashtra State Tax on Profession, Trade, Callings and Employments Act, 1975 (Profession Tax Act), every employer having employees on his establishment, whose salary (including all...

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Any clause in any agreement/ Article of Association restricting free transferability of shares of public companies is void and non- enforceable

Posted: 19 Mar 2010 02:49 AM PDT

Western Maharashtra Development Corpn. Ltd vs. Bajaj Auto Limited [MANU/MH/0109/ 2010]. In a decision, which is likely to have a wide impact on joint ventures/investment in public companies, the Bombay High Court ("Court") has recently held that any...

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Big Lehman Brothers Troubles For Ernst & Young

Posted: 19 Mar 2010 02:39 AM PDT

Ernst & Young, the audit firm, had a long and lucrative relationship with Richard Fuld and Lehman Brothers. Lehman Brothers has paid EY more than $160 million in audit and other fees since fiscal year 2001. Although this isn't nearly as much as...

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China: Shifting Concentration of (Real) Wealth

Posted: 19 Mar 2010 02:26 AM PDT

At the end I would like to conclude the series with this note that all these analysis of the education system was not to criticize but to bring forth the true portrait being painted by the world and China alone in the coming decades. We must...

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Amendment of para 2.59 relating to procedure for import under the Tariff Rate Quota Scheme and para 2.59.1 relating to eligible entities for allocation of quota of HBP Vol.I, 2009-2014

Posted: 19 Mar 2010 01:53 AM PDT

Attention is invited to Government of India, Ministry of Finance (Department of Revenue), Notification No. 21/2002-Customs dated 01.03 2002 and Notification No. 33/2010-Customs dated 12.03.2010. As per these, import of four items viz., (1) Skimmed...

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Import of Ships (Vessels) & other moveable capital goods etc. if imported under SFIS Scheme of FTP and their installation, clarification thereof

Posted: 19 Mar 2010 01:44 AM PDT

Attention is invited to SFIS Scheme under the FTP 2004-09 & current FTP 2009-14. Trade and Industry has represented that some Customs Authorities are seeking 'Installation Certificate' from the ship owners, and since the import item is a Ship...

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US Sanctions Satyams Indian Auditors

Posted: 19 Mar 2010 01:33 AM PDT

New York: The US accounting watchdog has imposed sanctions against two Indian auditors who were affiliated with PricewaterhouseCoopers after they failed to detect at multi-year fraud at Indian technology services company Satyam Computer Services Ltd.

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Maharashtra Government undecided on levying entertainment tax on IPL

Posted: 19 Mar 2010 01:29 AM PDT

The Maharashtra Government has not taken a final decision on levying entertainment tax on the IPL, said the Chief Minister, Mr Ashok Chavan, on Wednesday while addressing the media on the eve of budget session. When it was pointed out that the State...

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Assocham demanded withdrawal of proposed service tax on real estate developers at the time of construction

Posted: 19 Mar 2010 01:01 AM PDT

Industry body Assocham has asked the government to roll back the service tax proposed on real estate developers at the time of construction, as it would increase the tax burden on home buyers and impact the recovery of the sector. The government, in...

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Service tax relief likely for Airline Industry

Posted: 19 Mar 2010 12:56 AM PDT

With airlines lobbying hard against the proposal to bring air travel under the service tax net in Budget 2010-11, the government may provide some relief to the sector hit badly by a global slowdown. The finance ministry is likely to specify a small...

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Sc stays CBI investigation in multi-crore foreign exchange losses to customers on derivative products sold by the banks

Posted: 19 Mar 2010 12:54 AM PDT

The Supreme Court today stayed the Orissa High Court order for a Central Bureau of Investigation (CBI) probe into the alleged Rs 25 lakh crore derivatives scam. A Bench headed by Chief Justice KG Balakrishnan issued notices to the parties involved...

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Banks located in non-processing zone of SEZs are not offshore banking unit and not eligible for tax benefits

Posted: 19 Mar 2010 12:45 AM PDT

In an effort to prevent misuse of the tax benefits provided to special economic zones (SEZ) and increase clarity to the policy, commercial banks and their ATM units that are located within the non-processing zone of the SEZs would not be granted the...

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Penalty of Rs. One Lakh on Excise officer for recovery during stay period

Posted: 19 Mar 2010 12:35 AM PDT

In the case of M/s Galaxy Indo Fab. Limited Vs. Union of India and others since the appeal could not be decided within a period of 180 days, the M/s Galaxy Indo Fab. Limited (petitioner) moved a miscellaneous application for extension of the stay...

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Acceptance of PAN applications – certificates from Oath commissioner / Notary Public

Posted: 18 Mar 2010 11:52 PM PDT

Attention of all TIN-Facilitation Centers (TIN-FCs) is hereby invited to the procedure prescribed for accepting PAN applications. As you are aware, the documents to be accepted as Proof of Identity (POI) and Proof of Address (POA) have been...

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Mandatory Online payment of stamp duty for formation of company from 1st April 2010

Posted: 18 Mar 2010 11:46 PM PDT

All stakeholders are hereby informed that the provisions regarding stamp duty payment on Form No. 1, Memorandum of Association, Articles of Association, Form No. 5 and Form No. 44 electronically, at the time of their e-filing through MCA portal...

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Master Circular on Oversight of Members (Stock Brokers/Trading Members/Clearing Members of any Segment of Stock Exchanges and Clearing Corporations)

Posted: 18 Mar 2010 11:32 PM PDT

This master circular consolidates and updates the requirements/obligations with regard to oversight of members (Inspection by Stock Exchanges/Clearing Corporations, Internal Audit and Default) prescribed by the following circulars:

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Corrigendum to MVAT notification No. VAT.1510/ CR.47 taxation-1, dated 10th March 2010

Posted: 18 Mar 2010 11:15 PM PDT

"101 (a) Fabrics and Sugar as defined from time to time, in section 14 of the Central Sales Tax Act, 1956 ; 5%." (b) Varieties of Textile and Textile Articles; 4%

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Unless there is money borrowed or debt incurred, provisions of TDS u/s. 194A are not attracted

Posted: 15 Mar 2010 05:50 PM PDT

A bare reading of s. 2(28A) would reveal that interest is payable in respect of \'moneys borrowed\' or \'debt incurred\'. It, of course, would include a deposit, claim or other similar right or application of any service fee or other charges in...

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MVAT – Amendment to Rate Schedule in "A" & "C"

Posted: 15 Mar 2010 05:48 PM PDT

in Schedule-A, in entry 45, in column, (2) for the words, figures and brackets " the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957)", the words, figures and brackets "the Additional Duties of Excise (Goods of...

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FDI in sensitive sector under automatic approval route may be under post-investment surveillance

Posted: 15 Mar 2010 10:19 AM PDT

The Committee of Secretaries (CoS) set up to formulate changes in the foreign direct investment (FDI) policy in sensitive sectors that are now under the automatic approval route has added a rider subjecting them to post-investment surveillance.

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BJP may recourse to legal action if government decides not to impose Entertainment tax on IPL

Posted: 15 Mar 2010 10:15 AM PDT

BJP today said it would take legal action, if the state government fails to implement a cabinet decision to impose entertainment tax on the Indian Premier League(IPL) matches here. Finance minister Sunil Tatkare's recent announcement that there will...

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CBEC instructed DGFT to strictly monitor Export- Import (Exim) licence norms

Posted: 15 Mar 2010 10:11 AM PDT

Norms for issuing export licences should be tightened, the Central Board of Excise and Customs (CBEC) has told the Directorate-General of Foreign Trade (DGFT). The directive is believed to have come immediately after a probe by the Directorate of...

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Validity of s. 147 reopening has to be determined on the basis of law prevailing on date of issue of s. 148 notice and not on retrospectively amended law

Posted: 15 Mar 2010 09:59 AM PDT

In respect of AY 2004-05, the assessee computed its book profits u/s 115JB by claiming a deduction for provision for doubtful debts and advances and the same was allowed vide order u/s 143 (3). On 18.7.2008 (within 4 years), the AO issued a notice...

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Minister of state of Corporate Affair addresses members of CA profession

Posted: 15 Mar 2010 09:57 AM PDT

The Institute of Chartered Accountants of India (ICAI) organized a special address for its members on March 12, 2010 at Vigyan Bhawan, New Delhi. It was for the first time that the Hon'ble Minister of State (Independent Charge) of Corporate Affairs,...

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Role of QIBs in capital issues – preview of current scenario

Posted: 15 Mar 2010 09:43 AM PDT

On 5th March,2010, SEBI announced that it would be mandatory for `Qualified Institutional Buyers' (QIBs) to put in 100 per cent of the application money towards subscription of shares in capital issues through offers. This would come into force...

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Bharti Auditor given it clean chit on payment of licence fees and spectrum charges

Posted: 15 Mar 2010 02:34 AM PDT

Bharti Airtel on Sunday welcomed the findings of the government-appointed special auditor and said the audit showed that the licence fees and spectrum charges paid by the company conform to the licence conditions and rulings of the regulator.

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ICAI ask for role in probes undertaken by CBI or SFIO related to financial irregularities or corporate scams

Posted: 15 Mar 2010 02:29 AM PDT

The CA institute is keen on having a role in the probes undertaken by the Central Bureau of Investigation (CBI) or Serious Frauds Investigation Office (SFIO) on any financial irregularities or corporate scams. The audit profession regulator will...

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ICSI released 10 secretarial standards, two been included in new companies' bill

Posted: 15 Mar 2010 02:23 AM PDT

In order to have uniformity in the practices adopted by different companies, the Institute of Company Secretaries of India (ICSI) has released 10 secretarial standards, recommending the Government to make them mandatory for all companies, a to p...

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Two of ICSI secretarial standards recommendations been incorporated in new Companies Bill

Posted: 15 Mar 2010 02:20 AM PDT

The Institute of Company Secretaries of India (ICSI) has said that two of its secretarial standards recommendations have been incorporated in the new Companies Bill and it expects more to be considered before finalisation.

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China: Shifting Concentration of Wealth

Posted: 15 Mar 2010 02:13 AM PDT

Inflation of china and the asset bubbles in every corner of china is now a matter of concern for the world economy. They are afraid that if the bubble goes for burst out then the nights of recession will be longer. Economist and every financial...

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Tax liability of company who have no PE in India and remunerate its Indian Agent on arm's length basis

Posted: 14 Mar 2010 07:40 AM PDT

This is assesses's appeal for the assessment year 2000-01 against the Id. CIT(A)'s order dated 27.1.2006 confirming the AO's action in holding that the assessee had a business connection in India u/s 9 of the Income Tax Act and that M/s. BBC...

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With Regards, 
CA Sandeep Kanoi 
Website: http://www.taxguru.in/ 
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With Regards, 
CA Sandeep Kanoi 
Website: http://www.taxguru.in/ 
Get LEGAL & FINANCIAL UPDATES FROM TAX GURU delivered by emai


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