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May 22, 2010

Legal & Tax Updates 22.05.2010

TaxGuru.in : Legal & Tax Updates (in this message: 18 new items)

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The Delhi High Court reiterates that tax is not required to be deducted if the payment made to non-resident is not chargeable to tax in India

Posted: 21 May 2010 08:56 PM PDT


Recently, the Delhi High Court in the case of Maharishi Housing Development Finance Corporation Ltd. v. ACIT (ITA no. 222 of 2009) (Delhi) after following its own decision in the case of Van Oord ACZ India (P) Ltd v. CIT [2010-TIOL-1 87-HC-DEL-IT]...

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Technical know how fee paid for acquiring a non exclusive licence to manufacture machines for the term of five years is revenue expenditure

Posted: 21 May 2010 08:53 PM PDT


Recently, the Bombay High Court in the case of M/s. Essel Propack Limited [2010-TIOL-209-HC-MUM-IT] held that the technical know how fee paid by the taxpayer for acquiring non exclusive licence to manufacture some machines, which was confined to the...

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Taxability of Payment for assignment of contractual rights in connection with the supply of products to foreign company not having PE

Posted: 21 May 2010 08:51 PM PDT


Recently, the Authority for Advance Rulings (AAR) in the case of Laird Technologies India Pvt. Ltd. [2010-TIOL-06-ARA-IT] has held that the fees received by the USA company for assigning contractual rights to the applicant for supply of products in...

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Taxability of transfer of shares of an Indian company from one non-resident to another non-resident for no consideration in the course of group reorganisation

Posted: 21 May 2010 08:48 PM PDT


Recently, the Authority for Advance Ruling (AAR) in the case of M/s Amiantit International Holding Ltd. [2010-TIOL-07-ARA-IT] held that the capital gains is taxable only when the applicant derive any profit or gain in the form of money or money's...

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Taxability of income received by foreign company for procurement support services rendered by its Indian office to other foreign company

Posted: 21 May 2010 08:46 PM PDT


AAR held that income received by a foreign company for procurement support services rendered by its Indian office in connection with purchase operations undertaken by other foreign company in India, is taxable in India.

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Companies bill at finalization state

Posted: 21 May 2010 05:54 PM PDT


The Parliamentary Standing Committee on Finance, which is examining the Companies Bill, has had 16 meetings so far and understood to have reached an advance stage in finalising its report. Mr R. Bandhyopadhyay, Secretary, Ministry of Corporate...

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Delhi High Court granted stay to Home Solution Retail (I) Ltd in respect of service tax on renting of immovable property

Posted: 21 May 2010 05:53 PM PDT


Delhi High Court has again granted stay to Home Solution Retail (I) Ltd. in W.P. (C) No. 3398 of 2010 on 18.05.2010 from payment of service tax on renting of immovable property. The stay is not on services in relation to renting but on renting per...

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CBI court rejects bail application of I-T commissioner

Posted: 21 May 2010 05:46 PM PDT


A special CBI court on Thursday rejected the anticipatory bail of income tax commissioner Anirudh Rai, who had come under the scanner in a corruption case involving his two juniors.CBI joint director Rishi Raj Singh said the CBI was yet to decide...

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Notification No. 23/2010-Central Excise (N.T.) Dated 20th May, 2010

Posted: 21 May 2010 05:43 PM PDT


Notification No. 23/2010-Central Excise (N.T.), New Delhi, the 20th May, 2010. G.S.R. (E). - In exercise of the powers conferred by sub-section (1) of section 5 of the Central Excise Tariff Act, 1985 (5 of 1986), the Central Government, on...

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Gratuity Amount payable under Payment of Gratuity Act enhanced from Rs.3.5 lakhs to Rs 10 lakhs

Posted: 21 May 2010 04:51 PM PDT


It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.Amendment of section 4 of Act 39 of 1972.2. In section 4 of the Payment of Gratuity Act, 1972, in sub-section (3), for the words...

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PwC sought meeting with Khurshid on surrogate practices

Posted: 21 May 2010 04:50 PM PDT


Under pressure from the government to reveal the surrogate nature of its practices in India, senior officials from PricewaterhouseCoopers have sought a meeting with the corporate affairs minister Salman Khurshid next week to clarify its position.

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NRIs opposed Indian rule on passport surrender

Posted: 21 May 2010 04:46 PM PDT


A leading NRI group on Tuesday asked India to reconsider new rules that require them to surrender their Indian passports within 90 days upon acquisition of US citizenship, arguing these bring "undue and unnecessary" burden on the community.

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Section 35AC, read with Explanation (b) thereto, of the Income-tax Act, 1961 – Eligible projects or schemes, expenditure on – Notified eligible projects or schemes

Posted: 21 May 2010 04:44 PM PDT


In exercise of the powers conferred by sub-section (1) read with clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961 (43 of 1961), the Central Government, on the recommendations of the National Committee for Promotion of Social...

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Offer document of Companies should disclose if its directors were directory of company which was suspend from trading at any Stock Exchange for more than 3 months

Posted: 21 May 2010 04:43 PM PDT


The offer documents of companies raising capital shall contain disclosures from directors if they were directors of any company when the shares of the said company were suspended from trading by Stock Exchange(s) for more than 3 months during last 5...

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397/398 – CLB/NCLT – The Concerns of Various Shareholders?

Posted: 21 May 2010 09:22 AM PDT


The Companies Act, 1956, though it requires some reforms as mooted through Companies Bill, 2009, is one of the finest legislations. Each provision or the section under the Companies Act, 1956 has a sound logic though there exist very few sections...

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DGFT- international accredited agencies for issuance of TAC/COP for import of vehicles

Posted: 21 May 2010 01:47 AM PDT


Subject : International accredited agencies for issuance of TAC/ COP for import of vehicles. In the Policy Circular No. 26(RE-2003)/2002-2007 dated 09.02.2004, the entry at S. No. 3 is amended to read as follows :

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DGFT-Grant of Status Holders Incentive Scrip benefit to textile garments

Posted: 21 May 2010 01:46 AM PDT


This has reference to Para 3.16.4 of the FTP 2009-14 under which Textiles is one of the sectors entitled to Status Holders Incentive Scrip @ 1% of FOB value of exports made during 2009-10 and 2010-11.

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Construction of Additional Lanes in Highway Project to get Deduction under Section 80IA of Income Tax Act

Posted: 21 May 2010 12:52 AM PDT


It has been clarified by the Central Board of Direct Taxes (CBDT) that widening of an existing road by constructing additional lanes as a part of a highway project by an undertaking would be regarded as a new infrastructure facility for the purpose...

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