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Feb 25, 2010

Updates from TaxGuru 26.02.2010

Financial, Legal & Tax Updates from TaxGuru (in this message: 14 new items)

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Watch union Budget 2010-11 live on Internet from your computer

Posted: 25 Feb 2010 08:00 PM PST

NDTV and CNN IBN are the two leading news channels of India. People who are away from India or don't have access to these channels on their TVs can view budget online on these channels for free. The official sites of NDTV and CNN IBN hosted the live...

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ITAT order in Nokia tax evasion case, Challenged by department in HC

Posted: 25 Feb 2010 07:27 PM PST

In its petition, the income tax department said the ITAT has wrongly deleted the penalty imposed by it on Nokia India for allegedly wrongly declaring its income. The government on Wednesday approached the Delhi high court challenging an order of the...

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Budget may empower high court to condone delay in filing appeals by Income tax department

Posted: 25 Feb 2010 07:21 PM PST

Rewriting the law to clearly empower high courts to condone a delay in filing tax appeals or applications has been recommended by the Central Board of Direct Taxes (CBDT); it wants this to apply with retrospective effect, too. The amendment,...

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Amendment in LLP law likely to allow registration of large size consultancy firms in India

Posted: 25 Feb 2010 07:16 PM PST

The government is set to introduce Bills to amend existing laws governing chartered accountants, cost accountants and company secretaries in the current Budget session, a senior government official said. The proposed amendments will allow...

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Budget may have some good news for taxpayers

Posted: 25 Feb 2010 06:33 PM PST

Increase in basic exemption limit:- Sources familiar with the developments said the finance minister may increase the basic exemption limit for individuals from Rs 1,60,000 to Rs 1,80,000-Rs 200,000. There could be an increase in the exemption...

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What we can expect from budget and what we should not?

Posted: 25 Feb 2010 06:27 PM PST

Fiscal prudence: Corrective measures to repair India's balance sheet seem imminent. The fiscal position stands stressed with a 16-year high deficit of 6.8% of GDP. With Central Statistical Organisation advance estimates hinting at a GDP growth of...

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CBDT reinstated TDS rules and forms existed prior to April 1, 2009

Posted: 25 Feb 2010 06:14 PM PST

The Central Board of Direct Taxes (CBDT) has reinstated the tax deduction at source (TDS) rules/ forms that were earlier discontinued with effect from April 1, 2009. This latest move, which would come into effect retrospectively from April 1, 2009,...

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Highlights of Economic Survey 2009-10

Posted: 25 Feb 2010 05:57 PM PST

Economy posted a remarkable recovery expected to grow at 7.2 per cent in 2009-10 against 6.7 per cent in 2008-09. Survey hopes the Indian GDP can be expected to grow around 8.5+/- 0.25 per cent, with a full recovery, breaching the 9 per cent mark in...

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Deduction under section 80-I allowable without setting off loss of other units: Delhi High Court

Posted: 25 Feb 2010 05:48 PM PST

The assessee had two units, namely, a steering unit and an axle unit, both of which were eligible u/s 80-I. While one unit was making profits, the other was incurring losses. The AO and CIT (A) took the view that deduction u/s 80-I on the profits of...

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Special Economic Zones approved in States

Posted: 25 Feb 2010 05:29 PM PST

In addition to the Seven Central Government SEZs and 12 State/ Private Sector SEZs set up prior to the enactment of SEZ Act, 2005, formal approval have been accorded to 571 proposals out of which 348 SEZs have been notified. A total of 105 SEZs are...

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Summary of Economic Survey 2009-10

Posted: 25 Feb 2010 05:16 PM PST

The Economic Survey presented to Parliament on 25.02.2010 says that the economy has bounced back from the global economic slowdown and is on its way to the growth path of 9 per cent. The CSO estimate of 7.2 per cent GDP growth for 2009-10 reflects...

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Expectations from Budget 2010-2011

Posted: 25 Feb 2010 01:13 AM PST

On February 26' 2010, the Finance Minister Mr. Pranab Mukherjee will present the Union Budget in the Parliament. Everyone is awaiting the announcement of Budget to see that their interest has been taken care of. There is a lot of speculation about...

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Proceedings Relating To Appeals & Revisions under the I. T. Act, 1961

Posted: 24 Feb 2010 11:07 PM PST

Right of Appeal is a creature of Statute. A person has no inherent right of appeal and hence, it cannot come under the category of fundamental rights. An appeal is a continuation of assessment proceedings. Assessment proceedings complete when appeal...

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Summary of points to be discussed on Disallowance u/s. 14A read with. Rule 8D & Discussion on Daga Capital Judgment of Mumbai ITAT

Posted: 24 Feb 2010 10:20 PM PST

Section 14A and Daga Capital can not put assessee in worse position. In other words section 14A disallowance under Rule 8D can not exceed original disallowance made at the time of assessment.

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With Regards, 
CA Sandeep Kanoi 
Website: http://www.taxguru.in/ 
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Feb 24, 2010

Updates from TaxGuru 25.02.2010

Financial, Legal & Tax Updates from TaxGuru (in this message: 21 new items)

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VRS application can be withdrawn before employer accepts it : Bombay High Court

Posted: 24 Feb 2010 08:09 PM PST

The Bombay High Court has held that an application under Voluntary Retirement Scheme (VRS) can be withdrawn before the employer accepts it. Division bench of Justices S A Bobade and Vasanti Naik held in the recent judgement that even though the VRS...

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CBEC recommended widening the scope of levying service tax on the entertainment business

Posted: 24 Feb 2010 08:06 PM PST

Central Board of Excise and Customs (CBEC) has recommended amending the rules to widen the scope of levying service tax on the entertainment business.This recommendation has been made for the coming Budget (2010-11). Entertainment is currently taxed...

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Fresh guidelines for switch to IFRS expected by the end of this month

Posted: 24 Feb 2010 07:54 PM PST

The Centre-appointed core committee, dealing with the transition from the Indian Generally Accepted Accounting Practices (IGAAP) to International Financial Reporting Standards (IFRS), is expected to come out with fresh guidelines for implementing...

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ICAI recommended setting up of a whistleblower system within all audit firms

Posted: 24 Feb 2010 07:49 PM PST

A YEAR after the Satyam scandal, the accounting regulatory body, the Institute of Chartered Accountants of India (ICAI), has recommended setting up of a whistleblower system within all audit firms.

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Mahindra Satyam moved US court over the tax liabilities of the settlement amount

Posted: 24 Feb 2010 07:47 PM PST

Barely two months after Mahindra Satyam agreed to pay $70 million to the UK-based mobile payment services firm Upaid in an out-of-court settlement, a fresh row has erupted between the two firms over a tax dispute. Seeking legal help this time,...

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Mandatory electronic payment and filing of return for Central Excise Assessees

Posted: 24 Feb 2010 07:28 PM PST

Electronic payment of duty has been made mandatory for assessees whose total duty payment including utilization of CENVAT credit for the preceding financial year is Rs. 10 lakh or more as against the existing threshold of Rs. 50 lakh or more without...

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Notification on Mandatory electronic payment and filing of return for Service Tax

Posted: 24 Feb 2010 07:25 PM PST

Electronic payment of Service Tax has been made mandatory for assessees whose total Service Tax payment including utilization of CENVAT credit for the preceding financial year is Rs. 10 lakh or more as against the existing threshold of Rs. 50 lakh...

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Summary of UPVAT notification enhancing the rates of additional tax and exempting certain goods from tax

Posted: 24 Feb 2010 07:19 PM PST

The Uttar Pradesh Government has issued a notification (Notification No. KA.NI.-2-246/XI-9(10)/08-U.P. Act-30-07-Order-(56)-2010 dated 19 February 2010 ) enhancing the rates of additional tax as mentioned below. The new rates are effective 19...

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Rail Budget 2010-11 : New Trains /services , New Duronto trains, Bharat Teerth Trains, Extension of trains , Railway Budget and Maharashtra

Posted: 24 Feb 2010 07:10 PM PST

1 Sultanpur-Mumbai Express (via Nihalgarh) (Weekly), 2. Sultanpur-Ajmer Express (via Nihalgarh) (Weekly), 3 Asansol-Digha Express (Weekly), 4. Howrah-Katpadi(Vellore)-Puducherry Express via Bhubaneswar, 5. Kishanganj-Ajmer Express (Weekly), 6...

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Overseas Investment Application – Online Reporting of Overseas Direct Investment in Form ODI

Posted: 24 Feb 2010 06:49 PM PST

Attention of Authorised Dealer Category - I (AD Category - I) banks is invited to A.P. (DIR Series) Circular No. 68 dated June 1, 2007, revising the reporting package on Overseas Direct Investment (ODI) by the Indian Parties. Further, it was also...

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Guidelines for transfer of assets and liabilities of Urban Cooperative Banks to commercial banks

Posted: 24 Feb 2010 06:46 PM PST

the Reserve Bank may consider scheme of amalgamation that provides for payment to depositors under Section 16(2) of the Deposit Insurance and Credit Guarantee Corporation Act, 1961, financial contribution by the transferee bank and sacrifice by...

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Even if there is no assessment u/s 143 (3), reopening u/s 147 is bad if there are no proper "reasons to believe". AO cannot go beyond the recorded reasons

Posted: 24 Feb 2010 06:40 PM PST

The assessee was a partner in a firm. Upon retirement, he received an amount of Rs. 50 lakhs in addition to the balance lying to his credit in the books of the firm in full and final settlement of his dues. The assessee filed a return in which the...

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Soon new costing norms for service tax and excise duty likely

Posted: 24 Feb 2010 06:34 PM PST

Government proposes to come out with standard input and output norms for service tax and excise Official sources said such norms form the benchmark of costing, which helps in working out the price of inputs required for manufacturing or producing a...

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Budget 2009-10: Expectations for a Rebounding Economy – challenges ahead

Posted: 24 Feb 2010 06:09 PM PST

There is a ground-swell of expectations for the Union Budget for2010/11, the second since UPA returned to power in May 2009, to be presented to Parliament by Finance Minister Shri Pranab Mukherjee on February 26. Unlike last year, when the country...

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RBI releases Study on State Finances 2009-10

Posted: 24 Feb 2010 06:03 PM PST

To address the overall macroeconomic slowdown, the Central Government allowed the States to raise additional market borrowings to the extent of 0.5 per cent of GSDP during 2008-09 and increase the limit of fiscal deficit to 3.5 per cent of GSDP for...

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FM's Speech at Central Excise Day Celebrations

Posted: 24 Feb 2010 05:58 PM PST

"At the outset, let me congratulate the 33 officers, who have been selected for the Presidential Certificate of Appreciation for the year, 2009. An award such as this recognizes the exceptional diligence, dedication, and abiding faith of officers in...

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Important Announcement for Student who desires to register for CPC and to become eligible for appearing in the June, 2010 CPT to be held on 20th June, 2010

Posted: 24 Feb 2010 05:49 PM PST

Student who are desires to register for Common Proficiency Course (CPC) and become eligible for appearing in the ensuing Common Proficiency Test (CPT) to be held on 20th June, 2010 are hereby advised to have the CPT registration application...

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IPCC Examination, May, 2010 – Relaxation and Eligibility

Posted: 24 Feb 2010 05:13 PM PST

relaxation for submission of Information Technology Training (ITT) and Orientation Programme completion certificate and relaxation of nine months study course period for converted students of Intermediate/ Professional Education (Course – II)/...

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Penalties under PVAT Act or CST Act can be adjusted against Excess ITC

Posted: 24 Feb 2010 04:56 PM PST

Section 15 of PVAT Act 2005 deals with the Net Tax Payable by a taxable person. Sub section 1 of Section 15 provides that the output tax under PVAT Act shall be adjusted from the Input Tax Credit for determining Net Tax Payable by a taxable Person....

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Highlights of Railway Budget -2010-11

Posted: 24 Feb 2010 02:28 AM PST

* No hikes in passenger fares and freight tariff. 52 new train services to meet increasing demand of passengers, increase in frequency of 12 train services, extension of 21 trains and introduction of some special trains. Railways will not be...

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Summary of Railway Budget 2010-11

Posted: 24 Feb 2010 02:22 AM PST

There will be no increase in the passenger fares of any class or category of trains. Freight tariffs will also remain the same for 2010-11. Service charges for e-tickets and freight charges for food-grains will be reduced. This was announced by the...

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