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Mar 6, 2011

TaxGuru.in : Legal & Tax Updates 07.03.2011

TaxGuru.in : Legal & Tax Updates

Link to LEGAL & FINANCIAL  UPDATES FROM TAX GURU

Relief can not be denied on the ground of delay in filing FIR

Posted: 06 Mar 2011 07:27 PM PST


Delay in filing a first information report (FIR) of an accident is no ground to deny compensation under the Motor Vehicles Act, the Supreme Court stated in the case, Ravi vs Badrinarayan. In this case, an 8-year-old boy was hit by a motor vehicle...

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Trademark Dispute- Agarbathi maker can not sell the same under the name similar to a Leading Newspaper- SC

Posted: 06 Mar 2011 07:12 PM PST


In a trademark battle over the use of the word 'Eenadu' between a Karnataka firm selling Agarbathis (incense sticks) and the newspaper group in Andhra Pradesh, the Supreme Court stated last week that allowing to sell Agarbathis with the same name...

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Casual workers cannot claim regularization merely because they have been working for a considerable period of time

Posted: 06 Mar 2011 06:54 PM PST


he Supreme Court last week reiterated that casual workers cannot claim regularization merely because they have been working for a considerable period of time. It said that the law consistently laid down by it was that casual employment terminates...

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How to Check Employee Provident Fund (EPF) Status Online

Posted: 06 Mar 2011 06:29 PM PST


Know Your EPFO Claim Status. * Please click on the following link to find the status of your claim submitted in any of the EPFO Office * * Select the EPFO office and furnish your PF Account number Click Here for the status

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OECD to release over 50 peer reviews on tax norms by Nov

Posted: 06 Mar 2011 06:00 PM PST


As part of efforts to improve exchange of tax information, Paris-based grouping OECD will come out with over 50 peer review reports, mainly on taxation standards of countries by November this year. The Organisation for Economic Cooperation and...

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IATA opposes proposed hike in service tax on air travel

Posted: 06 Mar 2011 05:59 PM PST


As Indian carriers protest the proposed hike in service tax on air travel, global airlines body IATA has said such taxes would compromise the industry's ability to maintain margins in the wake of rising fuel prices. In the last few weeks, additional...

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Service tax on pvt hospitals to impact people

Posted: 06 Mar 2011 05:57 PM PST


Expressing "distress" over the proposed service tax on treatment in private hospitals and tests in diagnostics labs, Ficci today said the move would jeopardise preventive care and impact the rural population. Finance Minister Pranab Mukherjee in his...

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Circular Simplifying of DIN rules and making Possible Allotment of DIN on the same day

Posted: 06 Mar 2011 08:41 AM PST


I am directed to inform that the Ministry's has re-examined the process of allotment of Directors Identification Number (DIN) to be obtained u/s 266B of the Companies Act, 1956. The present process is cumbersome and time consuming. Representations...

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Key Highlights of Indian Economic Survey 2010-11

Posted: 06 Mar 2011 08:39 AM PST


Recovering from the global slowdown, the Indian Economy is geared up to achieve the GDP growth rate of 9 percent for 2011-12 on the basis of positive momentum in savings, investment rate and increasing investment in infrastructure. However, there is...

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Tax authorities should evaluate a transaction from the point of view of prudent businessman

Posted: 06 Mar 2011 08:37 AM PST


Recently, the High Court of Punjab and Haryana (the High Court) in the case of CIT v. Rockman Cycle Industries Private Limited [201 1-TIOL-88-HC-P&H-IT-LB] held that if the taxpayers used certain devices to conceal true nature of the...

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Law empowers Transfer Pricing Officer to determine the arm's length price of only 'referred' international transactions

Posted: 06 Mar 2011 08:35 AM PST


Non-referred international transactions fall outside the TPO's jurisdiction . The Delhi Bench of the Income-tax Appellate Tribunal (the Tribunal) in the case of M/s. Amadeus India Pvt Ltd v. ACIT, Range-I, New Delhi (ITA No. 5203/Del/2010) held...

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Highlights of fresh sops announced for exporters Background

Posted: 06 Mar 2011 08:27 AM PST


After the issuance of Annual Supplement of the Foreign Trade Policy 2009-14, the Government maintained a close watch on the exports, especially of those sectors, which were badly hit by recession in the developed world. The Government observed that...

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Incentive paid to the employees by the employer's parent company pursuant to takeover does not require any mark-up

Posted: 06 Mar 2011 08:25 AM PST


Income Tax Appellate Tribunal ("The Tribunal"), Delhi Bench recently pronounced its ruling in the case of M/s Aricent Technologies (Holding) Limited v. DCIT (Appeal no. ITA No. 4699 /Del. /2010) for AY 2006-07, on the amount paid as incentive to...

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Competition Law – Draft CCI (Procedure in regard to the transaction of business relating to combination) Regulations

Posted: 06 Mar 2011 08:22 AM PST


These regulations may be called the Competition Commission of India (Procedure in regard to the transaction of business relating to combination) Regulations, 201_. (2) They shall come into force on the date of their publication in the Official...

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Internal benchmarking analysis under TNMM based on segmental results prepared by using allocation keys is justified

Posted: 06 Mar 2011 08:21 AM PST


The Delhi bench of the Income Tax Appellate Tribunal (Tribunal) recently pronounced its ruling in the case of Birlasoft (India) Ltd. v. Dy. CIT ITA NO. 3839/DEL/2010, where the Taxpayer had determined the arm's length price of their international...

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Notifications for Effecting Section 5, 6, 20, 29, 30 & 31 of Competition Act

Posted: 06 Mar 2011 08:15 AM PST


In exercise of the powers conferred by clause (a) of section 54 of the Competition Act, 2002 (12 of 2003), the Central Government, in public interest, hereby exempts an enterprise, whose control, shares, voting rights or assets are being acquired...

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RBI holds meeting of FSDC

Posted: 06 Mar 2011 08:13 AM PST


The first meeting of the sub-committee of the Financial Stability Development Council (FSDC) was held at the Reserve Bank of India office in New Delhi on Friday, the central bank said in a release. The sub-committee reviewed the developments in the...

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FICCI to pursue with state governments issue of implementing GST

Posted: 06 Mar 2011 08:11 AM PST


The Federation of Indian Chambers of Commerce and Industry ( FICCI )), today said it will pursue the issue of implementation of the proposed Goods and Services Tax (GST) with various state governments. "We will pursue with state governments the...

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Capital Gain on Conversion of Capital Asset into Stock In Trade

Posted: 06 Mar 2011 08:03 AM PST


Section 45(2) of Income Tax Act deals with the cases where a capital asset is converted into stock in trade. Whenever a capital asset is converted into stock in trade by an assessee it is deemed as transfer of capital asset and attracts capital gain...

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Amends Notification No.4/2006-Central Excise-Effective Rate of Duty on goods of Chapter 26 to Chapter 48

Posted: 05 Mar 2011 09:00 PM PST


ereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 4/2006-Central Excise, dated the 1st March, 2006, published in the Gazette of India, Extraordinary,...

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CBI registers case agst Lalli, Dehlvi, carries out searches

Posted: 05 Mar 2011 08:40 PM PST


The CBI today searched the residence of suspended Prasar Bharti CEO Mr BS Lalli after registering a case against him and others for alleged irregularities in the award of broadcasting rights of Commonwealth Games that reportedly resulted in a loss...

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