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May 7, 2010

Legal & Tax Updates 07.05.2010

TaxGuru.in : Legal & Tax Updates (in this message: 37 new items)

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Goa VAT rate change with effect from 4 May, 2010

Posted: 06 May 2010 08:39 PM PDT


A new entry in Schedule C has been inserted to cover the declared goods, as specified under the Central Sales Tax Act, 1956 which will continue to attract tax at 4%. Notification No. 4/5/2005-Fin(R&C)(78) dated 4 May, 2010 read with...

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Regulation to Check Exploitation of Labour Abroad and for Indian Women Working Abroad

Posted: 06 May 2010 08:32 PM PDT


The rules and regulations made to check exploitation of emigrants have largely proved effective. Despite the existing framework to enable legal migration and the efforts made by the Government to prevent irregular migration, complaints regarding...

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Investigating Corruption, Financial Irregularities and Corporate Governance Standards in PSUs

Posted: 06 May 2010 08:17 PM PDT


Complaints against Chief Executives and Functional Directors of the :Public Sector Enterprises and CMDs and Functional Directors of Public Sector Banks and Financial Institutions whether pseudonymous or otherwise, received by the Cabinet Secretariat...

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Parliament Passes Employees' State Insurance (Amendment Bill) 2009

Posted: 06 May 2010 08:14 PM PDT


The Parliament today passed the Employees' State Insurance (Amendment) Bill, 2009. The Employees' State Insurance Scheme is a welfare scheme framed for workers covered under the Employees' State Insurance Act, 1948 providing for medical benefits...

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RBI increases cash limit to $3000 from $2000 for Indians travelling abroad

Posted: 06 May 2010 08:05 PM PDT


Foreign travellers can carry 50% more foreign exchange in cash than they could earlier. In a move towards further liberalisation of its foreign exchange policy, the Reserve Bank of India said it has increased the cash limit for foreign travel from...

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Fm rejected tax holiday proposal for natural gas and coal bed methane (CBM)

Posted: 06 May 2010 08:03 PM PDT


The finance ministry has rejected the petroleum ministry's demand for giving a seven-year income tax holiday to those who win sedimentary blocks for natural gas and coal bed methane (CBM) exploration in the next round of auctions later this year.

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Maharashtra Government imposed capital value-based system to calculate property tax

Posted: 06 May 2010 07:58 PM PDT


Maharashtra Government has imposed capital value-based system to calculate property tax on buildings, lands, houses and establishments across the state. The new system has been put in effect since April 27. "The property tax would be calculated on...

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Basis of Pricing of Initial Public Offerings (IPO)

Posted: 06 May 2010 07:54 PM PDT


The Government has said that the IPO price is fixed by the issuer based on an analysis of the quantitative and qualitative factors of the Issuer Company, market sentiments, and demand for the scrip as assessed during road shows etc. The freedom to...

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Custom Duty Notification No 36/2010 (NT), Makes Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010

Posted: 06 May 2010 07:44 PM PDT


These regulations shall apply for assessment and clearance of imported or export goods, carried by an Authorised Courier by air, on behalf of a consignee or consignor at such Customs airports and in such form and to such extent, as the Board may, by...

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Levy of interest on clearing-related overdraft extended by Clearing House managing banks for settling clearing obligations of member banks

Posted: 06 May 2010 07:26 PM PDT


As you are aware, in terms of provisions contained in Rule 10(g) of the Uniform Regulations and Rules for Bankers' Clearing Houses (URRBCH), for unauthorised overdrafts on account of adverse clearing position, defaulting banks are required to pay...

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Working Group to Review the Credit Guarantee Scheme for Micro and Small Enterprises (MSEs) – Collateral free loans to MSEs

Posted: 06 May 2010 07:23 PM PDT


As you are aware, a Working Group was constituted by the Reserve Bank of India to review the Credit Guarantee Scheme (CGS) of the Credit Guarantee Fund Trust for Micro and Small Enterprises (Chairman: Shri V.K. Sharma, Executive Director, RBI) and...

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Prevention of Money-laundering Amendment Rules, 2010 – Obligation of banks

Posted: 06 May 2010 07:21 PM PDT


Prevention of Money-laundering (Maintenance of Records of the Nature and Value of Transactions, the Procedure and Manner of Maintaining and Time for Furnishing Information and Verification and Maintenance of Records of the Identity of the Clients of...

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Income Tax ombudsman to help you solve your grievances resolved

Posted: 06 May 2010 07:11 PM PDT


The government has appointed former I-T officials or officials from the Indian Revenue Service as income-tax ombudsmen. These officers are independent of the jurisdiction of the income-tax department and hence, operate as an independent arbiter.

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Narco, Polygraph And Brain Mapping conducted Without Consent is illegal

Posted: 06 May 2010 07:05 PM PDT


Narco, polygraph and brain mapping tests can no more be conducted on anyone, either an accused or a suspect, without his/her consent, the Supreme Court said Wednesday in a ruling that was hailed by activists and lawyers. A bench of Chief Justice...

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SEBI V IRDA – Unfolding Turf War

Posted: 06 May 2010 06:50 PM PDT


The feud between the two regulatory authorities, in the aftermath of sebi's ban on ulips, has turned out to be quite a sensitive topic. In the recent days, that has, as ever so, come to be ballooned by the media into a sensational one. In that, the...

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Regulatory Framework to Deal with Corporate Frauds

Posted: 06 May 2010 06:46 PM PDT


The Government has said that no verified information is available which indicates that the cases of corporate frauds are constantly increasing in the corporate sector in the country. However, an elaborate regulatory framework is already in place...

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Provision to Appoint Independent Directors governed by clause 49 of the Listing Agreement not by Companies Act

Posted: 06 May 2010 06:30 PM PDT


The Government has said that the Companies Act, 1956 does not provide for appointment of Independent Directors. But, as per clause 49 of the Listing Agreement, all the listed companies are required to appoint Independent Directors. Giving this...

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SFIO Expert Committee, Cases Referred and Investigations by them

Posted: 06 May 2010 06:27 PM PDT


Investigations by Serious Fraud Investigation Office :- Serious Fraud Investigation Office (SFIO), functioning under the Ministry of Corporate Affairs, has handled 61 cases for investigation during 2004-05 to 2008-09. Giving this information in...

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Download Saral – II (ITR-1), ITR 2, ITR 3, ITR 4, ITR 5, ITR 6, ITR 7, ITR 8, and ITR V in Excel ,Word and PDF Format for A.Y. 2010-11/ F.Y. 2009-10

Posted: 06 May 2010 06:37 AM PDT


income tax forms, Income Tax Return, Income Tax Return form for A.Y. 2010-11, ITR 1 in Excel Format, ITR 2 in Excel Format, ITR 3 in Excel Format, ITR 4 in Excel Format, ITR 5 in Excel Format, ITR 6 in Excel Format, ITR 7 in Excel Format, ITR 8 in...

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Allowing of authorized employees of IT/ITES units in SEZ to work from Home

Posted: 06 May 2010 05:34 AM PDT


I am directed to say that references have been received from various stake holders seeking clarification regarding whether employees of units in IT SEZ can work on need base basis from home or from a place outside the SEZ.

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Tax benefit could not be denied to business restructuring in compliance of Income Tax Provisions

Posted: 06 May 2010 04:42 AM PDT


In a decision that will help corporates restructure businesses, the Chennai bench of Income-tax Appellate Tribunal (ITAT) has held that tax benefit could not be denied to business restructuring, if the exercise fulfills all the conditions mentioned...

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Residential flat prices will go up by 4% on Service Tax and Vat

Posted: 06 May 2010 04:40 AM PDT


Prices of residential flats are likely to go up by 4% in a couple of months, notwithstanding the recent relaxation in the service tax. The latest Union Budget had imposed a 3% service tax on builders, while the state would impose VAT of 1% on a...

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Thane I-T Commissioner Aniruddh Rai applied for anticipatory bail in Rs 1.80 crore bribery case

Posted: 06 May 2010 04:39 AM PDT


Additional I-T commissioner Sumitra Banerji and her husband Subrato, who were arrested in a Rs 1.80 crore bribery case registered by CBI three weeks ago, will spend some more time in jail, as their bail plea was rejected on Wednesday.

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Person in control of Company is vicariously liable for an offence committed by a company under SEBI Act; he need not necessarily be a Director of that company

Posted: 06 May 2010 04:33 AM PDT


This is a petition under Section 482 of the Code of Criminal Procedure, for quashing criminal complaint filed by the respondent against the petitioner under Sections 24(1) and 27 of the Securities and Exchange Board of India Act, 1992. Quash

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Income earned by NRI from his employment in USA can not be taxed in India

Posted: 06 May 2010 04:20 AM PDT


In the light of the foregoing, the question is answered in the negative. To elaborate, the applicant being a non-resident during the previous year 2008-09, the income earned by him from his employment in USA can not be taxed under Income-tax Act,...

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RoC expected to initiate legal proceeding against Subhiksha officials for Violation of Companies Act Provisions

Posted: 06 May 2010 04:16 AM PDT


The corporate affairs ministry is tightening the noose around retail companies — a sector which has been left largely untracked due to the absence of a designated sectoral regulator.

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Department has to analyse process of "duplication" of software undertaken by assessee to determine nature of royalty payment

Posted: 06 May 2010 04:14 AM PDT


These two civil appeals are filed by the Department against the order dated 2nd September, 2008, of the Gujarat High Court refusing to formulate, inter alia, the following question of law: "Whether the Income Tax Appellate Tribunal, in the facts...

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Refund or CENVAT credit on input services allowed only if services are consumed in output service

Posted: 06 May 2010 04:11 AM PDT


Recently in the case of Kbace Tech Pvt. Ltd. v. CCE/CST CESTAT ruled that the refund or CENVAT credit on input services is allowed only if the services are consumed in the output service. It is held that the Board's Circular No. 120/01/2010-ST,...

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For computing book profit Companies need to prepare their profit and loss account in accordance with Parts II and III of Schedule VI to Companies Act, 1956

Posted: 06 May 2010 04:09 AM PDT


A short question which arises for determination in this civil appeal is - whether the Income Tax Appellate Tribunal was, on the facts and circumstances of this case, justified in upholding the order of the Commissioner of Income Tax (Appeals)...

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If Income not disclosed then Assessee is liable for levy of concealment penalty u/s. 271(1)(c)

Posted: 06 May 2010 04:04 AM PDT


We have carefully considered the rival submissions in the light of the material placed before us. The reply of the assessee in response to show cause notice against levy of concealment penalty have already been reproduced in para 5 of this order....

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Payments of transponder hire charges to foreign company by Indian Company is Royalty

Posted: 06 May 2010 04:00 AM PDT


Just because Satellite was owned by another company, would not change the colour of payment, which would remain a `royalty'.

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Income Tax department planning drive against tax evaders in Kashmir Valley

Posted: 06 May 2010 03:53 AM PDT


The Income Tax department is planning a drive against tax evaders in the Kashmir Valley and to begin with will use "coercive" tools in the law to get people to file annual returns on their income.

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Deferred revenue expenditure should be allowed entirety in the year in which it was incurred

Posted: 06 May 2010 03:52 AM PDT


For the purpose of allowability of any expenditure under the Act , what is material is the classification between the capital and revenue and the same does not recognise any concept of deferred revenue expenditure.

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Even if a charitable educational institution having surplus, it doesn't mean that it is exist for making profits and not solely for educational purposes

Posted: 06 May 2010 03:47 AM PDT


We have prefaced the discussion on provisos with the object of putting the real controversy in its true perspective. The orders passed by the Chief Commissioner are identical in all these cases and after hearing the learned counsel for the parties...

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Amount paid for compounding of offence not allowable u/s 37(1) of the Income Tax Act, 1961

Posted: 06 May 2010 03:41 AM PDT


The amount paid for compounding an offence is inevitably a penalty in terms of section 483 of the Karnataka Municipal Corporation Act, 1976 itself and the mere fact that it has been described as compounding fee cannot, in any way, alter the...

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Section 80-1A(2) benefit available to telecommunication services undertaking for 10 consecutive years from the year of exercise of option

Posted: 06 May 2010 03:26 AM PDT


We have heard both the parties and gone through the facts of the case and the decisions cited before us. The issue before us as to whether or not the assessee is entitled to claim deduction u/s 80IA in terms of the provisions amended w.e.f 1.4.2000...

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Australia plan to impose a 40 per cent 'super tax' on profits of mining companies- Indian Companies Opposed the Proposal

Posted: 06 May 2010 12:20 AM PDT


Australia's plan to impose a 40 per cent 'super tax' on the profits of mining companies has sent Indian miners scouting for acquisitions into a tizzy.The tax , proposed to be effective by July 2012, aims to raise an estimated Australian $9 billion...

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