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Mar 11, 2011

TaxGuru.in : Legal & Tax Updates 11.03.2011

TaxGuru.in : Legal & Tax Updates

Link to LEGAL & FINANCIAL  UPDATES FROM TAX GURU

Empanelment of CA firms with Coal India Limited for Internal Audit for the Year 2011-2012

Posted: 10 Mar 2011 06:14 PM PST


Applicaions are invited from Partnership Firms only indicating details of the Firms as indicated below for appointment. The application shall contain the following details : (1) Year of establishment (2) Details of Partners (3) Photo copy of...

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Due Date for submission of statutory forms under CST Act for year 2009-10 extended to 31st March 2011 in Punjab

Posted: 10 Mar 2011 06:06 PM PST


The Punjab Government has extended the due date for submission of all statutory forms under CST Act (C,E-I, E-II, F forms etc) from 20th November 2010 to 31st March 2011 by an official notification dated 16th February 2011. It is here to be noted...

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Circular on monetary limits for filing Income Tax appeals does not apply to pending appeals

Posted: 10 Mar 2011 06:20 AM PST


Circular dated 15.5.2008 laying down monetary limit controls the filing of the appeals and not their hearing. Appeals filed as per applicable limit at the time of filing cannot be governed by circular applicable at the time of hearing. The object of...

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In case of under-assessment or a mistaken order, A.O. can rectify the mistake u/s 154 or make a reassessment u/s 147

Posted: 10 Mar 2011 06:03 AM PST


If an assessment happens to be an under-assessment or a mistaken order, the course open to the AO is either to rectify the mistake u/s 154 or to make a reassessment u/s 147. While, it is correct, as held in EID Parry 216 ITR 489 (Mad), that the AO...

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Taxability Of Loan Waiver depends on whether loan was used for capital or revenue purposes

Posted: 10 Mar 2011 05:56 AM PST


Whether the waiver of a loan is taxable as income or not depends on the purpose for which the loan was taken. If the loan was taken for acquiring a capital asset, the waiver thereof would not amount to any income exigible to tax u/s 28(iv) or 41(1)....

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Service Tax Becomes an Inflationary Tax

Posted: 10 Mar 2011 05:28 AM PST


Service tax has been levied on two newly carved services viz, air conditioned restaurants with license to serve alcoholic beverages and hotel accommodation. The restaurants may or may not be serving alcoholic beverages but it must be air conditioned...

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Ups and Downs of Service Tax on Goods Transport Operators

Posted: 10 Mar 2011 05:24 AM PST


Service tax on transportation had a bad innings right from its first levy. It has gone through the ups and downs since it was levied for the first time on 16.11.1997. The levy was challenged and was withdrawn on 2.6.1998 just after few months....

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Assessee covered by DTAA will be eligible for credit of State taxes u/s 91 despite DTAA not providing for the same

Posted: 10 Mar 2011 05:00 AM PST


Section 91 of the Income Tax Act, 1961 allows credit for Federal & State taxes, the DTAA allows credit only for Federal taxes. The result is that the Section 91 is more beneficial to the assessee & by virtue of Section 90(2) it must...

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Exemptions and deductions available to Indian enterprises would also be granted to the US enterprises if they are carrying on the same activities

Posted: 10 Mar 2011 04:41 AM PST


Article 26(2) means that taxation of a PE of a USA resident shall not be less favorable than the taxation of a resident enterprise carrying on the same activities. The result is that the exemptions and deductions available to Indian enterprises...

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MCA simplified procedure of company incorporation and establishment of principal place of business in India by Foreign Companies

Posted: 10 Mar 2011 04:23 AM PST


The Ministry has got the issue examined by Business Process Re-engineering Group under MCA-21 and in order to speed up and simplify the process of incorporation of Companies and establishment of principal place of business in India by Foreign...

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Income-tax (First Amendment) Rules, 2011 – Amendment in rules 6DDA, 6DDB and Appendix-II

Posted: 10 Mar 2011 03:00 AM PST


In rule 6DDA of the Income-tax Rules, 1962,–(a) for clause (iv), the following clause shall be substituted, namely: – "(iv) the stock exchange shall ensure that transactions (in respect of cash and derivative market) once registered in the system...

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DGFT- Quantity restriction of 720 million Kg on export of cotton yarn during 2010-11

Posted: 10 Mar 2011 02:56 AM PST


Notification No. 31(RE-2010)/2009-14, New Delhi, dated 10th March,2011 The existing entries in the column "Nature of Restriction" against Sl. No. 161 B of Notification No. 14(RE-2010)/2009-14 dated 22.12.2010 is substituted as follows with...

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Property tycoons under Income tax department scanner

Posted: 10 Mar 2011 02:16 AM PST


Suspecting the use of black money to finance deals in the country's booming real estate sector, the Income Tax Department is keeping close tabs on the sources of funding for developers' lucrative projects. "The focus of the Income Tax Department is...

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CBI registers three cases against Seven Customs Officials and conducts searches at various places

Posted: 10 Mar 2011 02:03 AM PST


The Central Bureau of Investigation have registered three separate cases against seven officials in the rank of Superintendent and Inspectors of Customs posted at various places in Gujarat and Authorized Signatory & two other employees of...

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No blacklisted NGO can get central funds- Govt

Posted: 10 Mar 2011 01:12 AM PST


Government today sought to allay members' apprehension in the Rajya Sabha that black listed NGOs could be getting funds from the Centre. "No blacklisted NGO can get grant-in-aid," Social Justice and Empowerment Minister Mukul Wasnik said in Question...

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Budget 2011 to benefit Under developed states- Fitch

Posted: 10 Mar 2011 01:07 AM PST


The Union Budget 2011-2012 is likely to be more beneficial for the special and underdeveloped states, including J&K, Himachal Pradesh and Bihar, rating agency Fitch said on Wednesday."The Union budget 2011-2012 is a credit positive for...

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ICSI ties up with USE for info sharing and consultation

Posted: 10 Mar 2011 01:06 AM PST


Company secretaries' body ICSI today said it has signed an agreement with United Stock Exchange of India (USE) for exchange of information, consultation and co-operation. Under the memorandum of understanding (MoU), the two organisations will share...

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Karnataka State Sericulture Research and Development Institute Approved as scientific research associations/institutions u/s. 35(1)(ii) of the Income-tax Act, 1961

Posted: 09 Mar 2011 11:11 PM PST


NOTIFICATION NO. 13/2011 [F.NO. 203/57/2009/ITA-II], DATED 7-3-2011. It is hereby notified for general information that the organization Karnataka State Sericulture Research and Development Institute, Bangalore has been approved by the Central...

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SEBI circular on Usage of load account

Posted: 09 Mar 2011 10:36 PM PST


CIRCULAR NO. IMD/DF/4/2011, DATED 9-3-2011- The upfront commission to distributors will be paid by the investor directly to the distributor, based on his assessment of various factors including the service rendered by the distributor.1.3 Exit load...

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Application under section 11 of the arbitration and Conciliation Act, 1996 – contract agreement between the parties got terminated

Posted: 09 Mar 2011 10:13 PM PST


The respondent raised certain claims against the appellant and invoked the arbitration agreement — the appointed Arbitrator adjusted Rs.11,10,662 awarded to the appellant, towards the sum of Rs.91,33,844 awarded in favour of the respondent and...

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Arbitration and Conciliation Act, 1996 —Inherent lack of jurisdiction

Posted: 09 Mar 2011 10:07 PM PST


Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 — provisions of — whether applicable — execution of an agreement in regard to maintenance of water supply and electrical works in different parts of Gwalior Municipal Corporation area — a work...

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Amendment in para 2.21.1 of HBP, V-I – Revision of fee for issuance of Certificate of Origin (Preferential) for India's exports under Free Trade Agreements (FTAs) and Generalised System of Preferences (GSP) schemes.

Posted: 09 Mar 2011 08:55 PM PST


Public Notice No. 40 /2009-2014 (RE-2010), The 9th March, 2011 . The sentence "Authorised agencies may charge a fee, as approved by DoC, for services rendered." of the para 2.21.1 is substituted as follows : "The fee for issuance of Certificate...

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SION for new product "Woollen blended Worsted yarn" under Textiles Products Group

Posted: 09 Mar 2011 08:50 PM PST


PUBLIC NOTICE NO. 39 /(RE-2010)/2009-2014, NEW DELHI: DATED: 09 .03.2011. In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14 and Paragraph 1.1 of the Handbook of Procedures (Vol. I) (2009-14), the Director...

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Amendment in Appendix 25A, HBP Vol.I (Appendices and Aayat Niryat Forms) regarding periodicity of Bank Guarantee (BG) to be executed with Regional Authorities in case of domestic procurement of goods against EPCG authorization

Posted: 09 Mar 2011 08:46 PM PST


Public Notice No. 38(RE:2010)/2009-2014, The 9th March, 2011 . In exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy, 2009-2014, the Director General of Foreign Trade hereby makes the following amendments in the Appendix...

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DGFT- Minimum Export Price(MEP) for export of Sona Masuri and Ponni Samba rice

Posted: 09 Mar 2011 08:44 PM PST


Public Notice No. 37(RE-2010)/2009-2014, New Delhi, the 8th March, 2011 . In exercise of the powers conferred by Para 2.4 of the Foreign Trade Policy, 2009-2014, the Director General of Foreign Trade hereby makes the following amendments in Public...

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ICSI – 8th Residential Management Skills Orientation Program on May 14th to May 29th 2011

Posted: 09 Mar 2011 08:38 PM PST


ICSI - Centre for Corporate Governance, Research & Training (CCGRT) is organizing its 8th Residential Management Skills Orientation Program (MSOP) from Saturday, May 14th to Sunday, May 29, 2011. All the final passed candidates from anywhere in...

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Sevottam Kendra of Income Tax, Kochi gains critical mass

Posted: 09 Mar 2011 08:36 PM PST


The Sevottam Centre, Kochi which had become operational from August 2009 has come of age and has attained critical mass now. Out of the total Dak of 13692 received, 11742 nos have been resolved till date – 86%. The centre has become fully functional...

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Minimum Export Price of Onions- DGFT Notification No 30 (RE – 2010)/2009-2014

Posted: 09 Mar 2011 08:34 PM PST


Notification No 30 (RE – 2010)/2009-2014, New Delhi, Dated: 8th March, 2011 . e "Minimum Export Price(MEP) of US$ 450 per Metric Ton or as notified by DGFT from time-to-time" as appearing in para 2 of Notification No 29(RE – 2010)/2009-2014 dated...

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