UPDATES FROM TAX GURU 01.09.2009

UPDATES FROM TAX GURU 



Exempt Services in relation to the transport of goods through national waterway, inland water and coastal shipping in certain cases

Posted: 31 Aug 2009 08:24 PM PDT


NOTIFICATION No. 30/2009 – Service Tax, Dated: August 31, 2009 In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as the Finance Act), the Central Government, on being...

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Amendment in the notification No. 1/2006- Service Tax, dated the 1st March, 2006 – Transport of goods by rail

Posted: 31 Aug 2009 08:21 PM PDT


NOTIFICATION No. 29/2009 – Service Tax, Dated: August 31, 2009 In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, on being satisfied that it is necessary in the public...

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Notification on Exempts Services in relation to transport of goods by rail in certain cases

Posted: 31 Aug 2009 08:18 PM PDT


NOTIFICATION No. 28/2009 – Service Tax Dated: August 31, 2009 In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), (hereinafter referred to as the Finance Act), the Central Government, on being...

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IL&FS to be the New Promoter of Maytas Infra Limited

Posted: 31 Aug 2009 07:39 PM PDT


Company Law Board Asks Il&FS To Appoint 4 Directors, Including Chairman, On The Board; Central Government To Have 2 Nominees On The Maytas Board. The Company Law Board has allowed the application of Maytas Infra Limited to hand over the...

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ICAI will soon recommend Accounting slandered for Insurance sector

Posted: 31 Aug 2009 07:30 PM PDT


The Institute of Chartered Accountants of India (ICAI) is likely to come out with insurance specific accounting standards in the next three months, a top official said. "We are likely to come out with it (insurance sector accounting standards)...

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Income tax official may be appointed in tax heavens to investigate tax evasion in cross border transactions

Posted: 31 Aug 2009 07:23 PM PDT


Income tax officials from India could be posted in the tax haven nations to collect information about tax evasion from these countries; if a proposal made by a committee set up to investigate abuse of tax treaties goes through. According to the...

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Clarification on TDS on salary arrear payment pursuant to recommendation of Sixth Central Pay Commission

Posted: 31 Aug 2009 07:14 PM PDT


Clarification regarding deduction of tax at source from payments of second installment of arrears to Government employees on account of implementation of Sixth Central Pay Commission's recommendations. Circular No. 6/2009, dated...

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ITAT cannot remand to apply section 14A if AO in his Assessment order not made disallowance u/s 14A

Posted: 31 Aug 2009 06:50 PM PDT


CASE LAW DETAILS Decided by: Mumbai High Court, In The case of: Topstar Mercantile Pvt. Ltd. (Formerly, Urvi Chemicals & Allied Industries Ltd) (Appellant)  V/s. The Asstt. Commissioner of Income Tax (Respondent), Appeal No.:, 1460 of 2009,...

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Levy of penalty for declaration of in-genuine gift in revised return u/s. 139(5) of IT Act

Posted: 31 Aug 2009 09:44 AM PDT


SUMMARY OF CASE LAW Section 139(5) has not been enacted for providing an escape route to the assessee when he is caught in the penal provisions relating to evasion of tax and AO is in the process of collecting evidence to nail him down; it is not...

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Applicability TDS charges on pre-paid mobile cellular services provided by a service provider through its distributor's network

Posted: 31 Aug 2009 09:40 AM PDT


SUMMARY OF CASE LAW Where the assessee company itself admits that it is liable to deduct tax at source u/s 194H in respect of post-paid services rendered through its distributors, it is the duty of the assessee to prove that the services rendered by...

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Applicability of section 44BB of the IT Act on mobilization/ demolization charges received by a non-resident foreign company

Posted: 31 Aug 2009 09:35 AM PDT


SUMMARY OF CASE LAW The mobilization/ demolization charges received by a non-resident foreign company in connection with supply of plant and machinery form part of gross receipts for the purpose of computing the income under section 44BB...

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Section 260A authorizes the High Court to hear an appeal only when substantial question of law is involved

Posted: 31 Aug 2009 09:29 AM PDT


CASE LAW DETAILS Decided by: HIGH COURT OF JAMMU & KASHMIR,In The case of: Qazi Shabir Ahmed v. ITO,Appeal No.: ITA NO. 3 OF 2008, Decided on: February 11, 2009 RELEVENT PARAGRAPH 9. It is settled position of law that appeal is...

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AAR on tax rate applicable to a foreign company on LTCG accruing to it on sale of shares in Indian company

Posted: 31 Aug 2009 09:27 AM PDT


SUMMARY OF CASE LAW The benefit of lesser rate of tax conferred by the proviso to section 112(1) of the IT Act, 1961 can be invoked by a non-resident foreign company as well; the expression" before giving effect to 2nd proviso to section...

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Depreciation on transfer of Investment from available for sale (AFS) to held to maturity (HTM) category by banks

Posted: 31 Aug 2009 09:25 AM PDT


SUMMARY OF CASE LAW In view of the clear cut guidelines of the RBI regarding transfer of AFS category investment into HTM category investment, the claim of the assessee-bank towards provisions of depreciation on account of transfer of securities...

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With Regards, 
CA Sandeep Kanoi 
Website: http://www.taxguru.in/ 
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Difficulties in Filing acknowledgment of Income tax Return (ITR) filed online

UPDATES FROM TAX GURU



Difficulties in Filing acknowledgment of Income tax Return (ITR) filed online

Posted: 30 Aug 2009 08:06 PM PDT


The process of electronically filing Income tax returns through the internet is known as e-filing and is meant to ensure saving of time and paperwork for taxpayers. It is mandatory for companies and Firms requiring statutory audit u/s 44AB to submit...

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With Regards, 
CA Sandeep Kanoi 
Website: http://www.taxguru.in/ 
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UPDATES FROM TAX GURU 30.08.2009

UPDATES FROM TAX GURU (in this message: 2 new items)



All about deduction under section 80C and tax planning

Posted: 29 Aug 2009 08:28 PM PDT


Background for Section 80C of the Income Tax Act (India) / What are eligible investments for Section 80C: Section 80C replaced the existing Section 88 with more or less the same investment mix available in Section 88.  The new section 80C has...

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Ishikawajima-Harima is still good law despite retrospective amendment: Karnataka High Court

Posted: 29 Aug 2009 07:29 PM PDT


Jindal Thermal Power vs. DCIT (Karnataka High Court) The assessee entered into a contract with Raytheon – Ebasco, a foreign company, and two of its' foreign subsidiaries, for commissioning of a power plant. The assessee made payments to Raytheon for...

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With Regards, 
CA Sandeep Kanoi 
Website: http://www.taxguru.in/ 
Get LEGAL & FINANCIAL UPDATES FROM TAX GURU delivered by emai


Love Cricket? Check out live scores, photos, video highlights and more. Click here.

UPDATES FROM TAXGURU