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May 2, 2011

Excise – Regarding Clarification on issues relating to CENVAT Credit Rules 2004




Bad upkeep of I-T offices shocks CBDT chief in surprise visit

Posted: 02 May 2011 09:04 PM PDT

The Income Tax chief recently made surprise visits to some offices in the department and found to his dismay their poor maintenance and the indifferent attitude of senior officers towards their juniors. During his visit to have a first hand feel of...

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Green Initiatives in the Corporate Governance- Clarification

Posted: 02 May 2011 10:02 AM PDT

The Ministry of Corporate Affairs has clarified that only a duly approved agency approved by it will have to be appointed for providing and supervising electronic platform for electronic voting to have a secured electronic platform for capturing...

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FCRA Comes into Force W.E.F May 2011

Posted: 02 May 2011 10:00 AM PDT

Foreign Contribution Regulation Act (FCRA) 2010 has been notified and it has come into force with effect from 1/5/2011. FCR Rules 2011 have also come into force from 1/5/2011. Key features of FCRA 2010 include the following- Concept of 'permanent'...

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Transfer/Posting of Commissioner/ Director of Income Tax Vide Order No. 76 of 2011

Posted: 02 May 2011 09:44 AM PDT

ORDER NO. 76 OF 2011 - The following local transfers/postings in the grade of Commissioner/Director of Income Tax are hereby ordered with immediate effect and until further orders:

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SC adjourns Sahara case, allows more time to file documents

Posted: 02 May 2011 09:36 AM PDT

The Supreme Court today adjourned the hearing of the petition filed by the Sahara Group against the orders of the Allahabad High Court which necessitated the company to share full details of investors participating in its fund raising exercise with...

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Clarification in respect of General Circular No. 2 /2011 dated 8th February, 2011

Posted: 02 May 2011 09:26 AM PDT

General Circular No: 22/2011, It has been observed that certain companies are seeking clarification in respect of circular No. 2/11 dated 8.2.2011 issued by the Ministry in respect of exemption u/s 212 (8) of the Companies Act, 1956. The point...

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Approval of Ministry of Corporate Affairs for appointment of agency for providing electronic platform for electronic voting under the Companies Act, 1956

Posted: 02 May 2011 09:21 AM PDT

Circular No.21 /2011, Section 192A of the Companies Act, 1956 read with Companies (Passing of the Resolution by Postal Ballot) Rules, 2001 already recognizes voting by electronic mode for postal ballot. Some of the listed company have already...

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E-Form No. 32 – Companies Act, 1956 – filing of conflicting return by contesting parties

Posted: 02 May 2011 09:16 AM PDT

General Circular No. 20/2011, Dated: 02.05.2011 - E-Form No. 32 - Intimation to Registrar of Companies regarding particulars of appointment of Directors etc and changes therein in the company pursuant to section 303 (2) of the Companies Act, 1956 -...

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Marking a company as having management dispute by Registrar of Companies under MCA-21 system

Posted: 02 May 2011 09:11 AM PDT

General Circular No. 19/2011 The Registrar of Companies shall mark a company as having management dispute in only those cases where the court or Company Law Board has directed to maintain the status-quo with reference to any e-forms including status...

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Opening of Escrow Accounts for FDI transactions – A. P. (DIR Series) Circular No. 58 Dated – May 02, 2011

Posted: 02 May 2011 08:24 AM PDT

A. P. (DIR Series) Circular No. 58 It has been decided to permit AD Category – I banks to open and maintain, without prior approval of the Reserve Bank, non-interest bearing Escrow accounts in Indian Rupees in India on behalf of residents and/or...

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Pledge of shares for business purposes -A. P. (DIR Series) Circular No. 57 Date – May 02, 2011

Posted: 02 May 2011 08:20 AM PDT

A. P. (DIR Series) Circular No. 57 Shares of an Indian company held by the non-resident investor can be pledged in favour of an Indian bank in India to secure the credit facilities being extended to the resident investee company for bonafide...

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Compliance with Corporate Governance Guidelines (CG Guidelines)

Posted: 02 May 2011 07:40 AM PDT

I. Annual Filing of Compliance Status- a) All insurers are required to file a Report on status of compliance with the C G Guidelines on an annual basis w.e.f. the Financial Year 2010-11. This report shall be filed within 90 days from the end of the...

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2G Scam – I-T dept to file status report in SC on Tuesday

Posted: 02 May 2011 04:10 AM PDT

The Income Tax department will file its first status report on investigation into tax evasion in the 2G spectrum allocation scam on Tuesday in the Supreme Court. The department, according to sources, has reportedly traced instances of tax evasion...

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Macroeconomic and Monetary Developments in 2010-11

Posted: 02 May 2011 04:02 AM PDT

The Reserve Bank of India today released the Macroeconomic and Monetary Developments in 2010-11. The document serves as a background to the Monetary Policy Statement 2011-12 to be announced on May 3, 2011.

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IRDA – Selection of Implementation Agency (IA) for Business Analytics Project

Posted: 02 May 2011 03:53 AM PDT

Based on the detailed scrutiny of the Technical & Commercial Proposals submitted by the Shortlisted IT firms and further evaluation based on Combined Quality Cum Cost Based System (CQCCBS), M/s L & T Infotech has been formally selected as...

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Excise – Regarding Clarification on issues relating to CENVAT Credit Rules 2004

Posted: 02 May 2011 03:47 AM PDT

Circular No.943/04/2011-CX, Can credit of capital goods be availed of when used in manufacture of dutiable goods on which benefit under Notification 1/2011- CE is availed or in provision of a service whose part of value is exempted on the condition...

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Download ITR 7 in excel format for A.Y. 2011-12- Financial Year 2010-11

Posted: 02 May 2011 03:18 AM PDT

For persons including companies required to furnish return under section 139(4A) or section 139(4B) or section 139(4C) or section 139(4D) have to furnish Income Tax Return in ITR 7 and Format of the same for A.Y. 2011-12 is as give below:- ITR 7 in...

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Which is / is not an Arbitration Agreement

Posted: 01 May 2011 11:25 PM PDT

Purpose of Arbitration Act-The purpose of Arbitration and Conciliation Act, 1996 ('the Act') is to provide quick redressal to commercial dispute by private Arbitration. Quick decision of any commercial dispute is necessary for smooth functioning of...

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What, If A Point Was Argued, But Not Dealt With In The Judgment

Posted: 01 May 2011 11:16 PM PDT

Hon'ble Supreme Court in Mohd.Akram Ansari Vs. Chief Election Officer & Ors , observed that it is not ordinarily open to the party to file an appeal and seek to argue a point which even if taken in the petition or memorandum filed before the...

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DGCA asks airlines not to charge exorbitant fares

Posted: 01 May 2011 11:11 PM PDT

Civil aviation regulator DGCA today asked private airlines not to charge exorbitant spot ticket prices and ensure that these were not more than the maximum fares published on their website. The directive came at a meeting DGCA chief E K Bharat...

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Mortgagor can come to the Civil Court before sale with a civil suit

Posted: 01 May 2011 11:01 PM PDT

Under Securitisation Act, if the secured creditor is acting in violation of the rights, duties and obligations, the mortgagor can come to the Civil Court before sale with a civil suit for injunction for staying the sale. In Mardia Chemicals Ltd.. Vs...

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How to Draft a Valid Jurisdiction Ouster Clause

Posted: 01 May 2011 10:57 PM PDT

Therefore, it is explicit that more than one Court may have jurisdiction in respect of the same subject matter as per the circumstances of the particular case. In such a situation, the parties may enter into an agreement and confer exclusive...

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If 'No Debt Due', No Liability Is Incurred By The Guarantor

Posted: 01 May 2011 10:54 PM PDT

Essential Feature of Guarantee-Recoverable Debt Necessary - The purpose of a guarantee being to secure the repayment of a debt, the existence of a recoverable debt is necessary. It is of the essence of a guarantee that there should be someone liable...

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Different Principles for Prosecuting Civil and Criminal Cases

Posted: 01 May 2011 10:48 PM PDT

Hon'ble Supreme Court in the case of Vishwa Mitter v. O.P. Poddar - (1983) 4 SCC 701, has, inter alia, held that if any special statute prescribes offences and makes any special provision for taking cognizance of such offences under the statute,...

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Correcting an error committed by the draftsman in legislative drafting in CPC, 1908

Posted: 01 May 2011 10:43 PM PDT

Hon'ble Supreme Court in Afcons Infrastructure Ltd. & Anr. Vs. Cherian Varkey Construction Co. (P) Ltd. & Ors. {(2010) 8 SCC 24; Decided on 26.07.2010} held as follows in para 13.5 and 16 respectively. A classic example of correcting an...

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Banks duties before declaring NPAs

Posted: 01 May 2011 10:34 PM PDT

Before declaring NPAs, Bankers have numerous duties to perform including rehabilitation not only once but multiple times – Important Information for Borrowers and their advocates. Our Associate and Banking Expert has drawn attention to the following...

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PVAT – Circular on Deferment from payment of Entry Tax in Punjab

Posted: 01 May 2011 10:24 PM PDT

As we know the Hon'ble Punjab & Haryana High Court has already stayed the levy of entry tax in Punjab in the case of M/s Bhushan Steel v State of Punjab case on 28-03-2011 and also in other similar writ petitions challenging the levy of entry...

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Various MVAT Notifications as per Budget Speech- 2011-12

Posted: 01 May 2011 10:17 PM PDT

Various Notifications as per Budget Speech- 2011-12 VAT.1511/C.R. 54(1) to (6)/Taxation-1 dated 27th April 2011 In exercise of the powers conferred by entry 82 of SCHEDULE C appended to the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005),...

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Permission to export 2,50,000 MTs of wheat, in the year 2011-12, to Afghanistan, upto 31.03.2012

Posted: 01 May 2011 10:11 PM PDT

Notification No. 44 (RE-2010)/2009-2014 - Central Government hereby makes, with immediate effect, the following amendment in Notification No. 27(RE-2010)/2009-2014 dated 28.02.2011 read with Notification No. 33(RE-2007)/2004-2009, dated 08.10.2007 ....

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Maharashtra Tax Laws (Levy, Amendmend and Validation) Act, 2011 with Date of effect Notification for provisions of certain sections

Posted: 01 May 2011 10:04 PM PDT

MAH. ACT NO XV OF 2011- Maharashtra Tax Laws (Levy, Amendmend and Validation) Act, 2011 with Date of effect Notification for provisions of certain sections. Maharashtra Value Added Tax Act Notifications - MAH. ACT NO XV OF 2011.

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Finance Minister Pranab Mukherjee to leave for Hanoi Tomorrow to attend ADB's 44th Board of Governors' Annual Meet

Posted: 01 May 2011 09:55 PM PDT

Union Finance Minister Shri Pranab Mukherjee will call on Vietnamese Prime Minister during his two days visit to Hanoi, Vietnam beginning tomorrow i.e. 3rd May, 2011. Finance Minister Shri Mukherjee is visiting Hanoi in order to attend 44th Board...

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Are The Banks / Financial Institutions Above Law?

Posted: 01 May 2011 04:28 PM PDT

Why a Bank does not agree to any of the rights conferred on sureties by section 133, 134, 135, 139 and 141 of Contract Act, and any Rule of Law or Equity? A Case Study– Dena Bank (Letter of Guarantee):- Extracts of Paragraph nos. 4, 5, 6, 10 and 15...

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