Tax Updates from TaxGuru 04.02.2009

Financial, Legal & Tax Updates from TaxGuru (in this message: 28 new items)

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CBI successfully busted international gang specialising in fake US money orders

Posted: 03 Feb 2010 07:46 PM PST

THE CBI has successfully busted an international gang involved in printing, possession, circulation and use of counterfeit MoneyGram money orders running into millions of dollars which were being used in the USA. The gang involves Nigerian nationals...

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Nucleus Software wins Gold shield for Best Annual Report, 2009, by ICAI

Posted: 03 Feb 2010 07:40 PM PST

The award under different categories is conferred on the basis of evaluation administered by ICAI's committee for the degree of compliance with the accounting standards, statutory guidelines and other relevant pronouncements which also include...

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ICAI list of toppers in CA PEE- II examination, PCE examination and IPCE examination held in November 2009

Posted: 03 Feb 2010 07:36 PM PST

The Institute Of Chartered Accountants of India Declares Results of Professional Education Examination (PEE-II), Professional Competence Exam (PCE), and Integrated Professional Education Examination (

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MCA issued criteria for identification of a vanishing company

Posted: 03 Feb 2010 07:25 PM PST

Criteria for identification of a vanishing company:A company would be deemed to be a vanishing company, if it is found to have: a) Failed to file returns with Registrar of Companies (ROC) for a period of two years;

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Law ministry invited applications for the posts of Judicial Members and Accountant Members in the Income Tax Appellate Tribunal

Posted: 03 Feb 2010 07:05 PM PST

The Department of Legal Affairs, Ministry of Law & Justice has invited applications for the posts of Judicial Members and Accountant Members in the Income Tax Appellate Tribunal. There are 22 vacancies for the post of Judicial Member while...

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Corrigendum to Circular No. 1/2010 related to deduction of tax on salaries

Posted: 03 Feb 2010 06:43 PM PST

Section 192 of the Income-tax Act, 1961 – Deduction of tax at source – Salary – Income-tax deduction from salaries during the financial year 2009-10 – Corrigendum to Circular No. 1/2010, dated 11-1-2010

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RBI circular on Maintenance of Cash Reserve Ratio (CRR) by Scheduled State Co-operative Banks

Posted: 03 Feb 2010 06:36 PM PST

On the basis of the current macroeconomic assessment, as set out in the Third Quarter Review of Monetary Policy 2009-10 issued on January 29, 2010, it has been decided to increase the Cash Reserve Ratio (CRR) for Scheduled State Co-operative Banks...

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RBI circular on Maintenance of Cash Reserve Ratio (CRR) by All Scheduled Primary (Urban) Co-operative Banks

Posted: 03 Feb 2010 06:32 PM PST

On the basis of the current macroeconomic assessment, as set out in the Third Quarter Review of the Monetary Policy 2009-10 issued on January 29, 2010, ithas been decided to increase the Cash Reserve Ratio (CRR) for Scheduled Primary (Urban)...

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RBI circular on Maintenance of CRR by regional rural bank

Posted: 03 Feb 2010 06:10 PM PST

On the basis of the current macroeconomic assessment, as set out in the Third Quarter Review of Monetary Policy 2009-10 issued on January 29, 2010, it has been decided to increase the Cash Reserve Ratio (CRR) for Regional Rural Banks by 75 basis...

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List of Terrorist Individuals/ Organisations – under UNSCR 1267(1999) and 1822(2008) on Taliban/Al-Qaida Organisation

Posted: 03 Feb 2010 06:06 PM PST

Banks/Financial Institutions are required to update the consolidated list of individuals/entities as circulated by Reserve Bank and before opening any new account, it should be ensured that the name/s of the proposed customer does not appear in the...

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DTC may increases the tax burden of middle-class and may penalise long term investor

Posted: 03 Feb 2010 05:53 PM PST

Most finance ministers in the past gave direct tax reforms a miss, preferring discretion to valour, until P. Chidambaram took the bull by its horns and drafted a new code to replace the Income Tax Act of 1961. The new code is expected to simplify...

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MVAT circular extending due date for filing revised return in case of Change in Periodicity determined by the department

Posted: 03 Feb 2010 05:46 PM PST

In the Trade Circular cited at reference No. 3 above, in the para 5 it is provided that if the periodicity determined by the department and periodicity at which the dealer has filed returns is different, then the said dealer shall file revised...

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RBI doesn't approve penalties on foreclosure of loans but not done enough to prevent such practice

Posted: 03 Feb 2010 05:25 PM PST

The Reserve Bank of India (RBI) does not approve of penalties on foreclosure of loans and admits there is no uniformity among banks on such matters, but appears to have done little to address the problem. This is reflected in two separate sets of...

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Budget may not fulfill the demand of banks to allow them to issue tax-free infrastructure bond

Posted: 03 Feb 2010 05:21 PM PST

The long-standing demand of banks that they be allowed to issue tax-free bonds to fund long-term infrastructure projects may not be accepted by the government and included in the Budget. The government has not found any reason to accept the demand,...

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Sixteen new sports added under Section 80G of the Income Tax Act on recommendation of IOA

Posted: 03 Feb 2010 05:13 PM PST

Sixteen new sporting disciplines have been brought under the ambit of Section 80G of the Income Tax Act-- which defines charitable and benevolent purposes and allows tax benefits to donors if donations are made to institutions or funds under its...

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Bombay HC accepted writ petition challenging applicability Rule 8 D of section 14 A of the Income-Tax Act, 1961

Posted: 03 Feb 2010 05:08 PM PST

The Bombay High Court has recently admitted a writ petition that challenges an Income-Tax rule allowing the taxation of expenditure incurred on earning tax-free income like dividends and long-term capital gains. The writ petition was filed by...

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Sebi announced valuation norms for Mutual Funds

Posted: 03 Feb 2010 04:53 PM PST

In a move to bring in standardised practices in the mutual fund industry, especially in the debt market segment, Securities & Exchange Board of India (Sebi) on Tuesday asked mutual funds to value all money market and debt securities with...

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Delhi HC deferred hearing of petition seeking refund of penalty of Rs 80 lakh in connection with seizure of 800 kg gold

Posted: 03 Feb 2010 04:48 PM PST

The Delhi High Court deferred the hearing of a petition filed by legal heirs of Maharani Gayatri Devi seeking release of Rs 80 lakh deposited by them in the Government vault as taxes for contravention of the Gold Control Act in 1975.

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High Court stayed collection of taxes from 69 companies allegedly having connections with Ramalinga Raju of Satyam Computers

Posted: 03 Feb 2010 04:20 PM PST

A Division Bench of the High Court comprising Justice G. Raghuram and Justice Ramesh Ranganathan on Thursday stayed the collection of taxes from 69 companies allegedly having connections with Ramalinga Raju of Satyam Computers on the condition that...

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Anti-cancer and HIV drugs likely to be exempted from duty in coming budget

Posted: 03 Feb 2010 04:14 PM PST

ALL anti-cancer and HIV drugs are likely to become cheaper as the forthcoming budget is likely to fully exempt these from customs duty/countervailing duty (CVD), but on the condition that the benefits are passed on to patients. Also, the finance...

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Applicability of transfer pricing provisions on interest-free loans advanced to associated enterprises

Posted: 03 Feb 2010 08:40 AM PST

Delhi Income Tax Appellate recently held in the case of Perot Systems TS! (India) Ltd. (Taxpayer) on the issue of whether interest-free loans advanced to associated enterprises (AEs) can be regarded as arm's length in nature under the transfer...

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Taxability of payments received by Applicant from its Indian reseller for supply of software products to end users

Posted: 03 Feb 2010 08:18 AM PST

Authority for advance ruling recently held that payments received by the Applicant from its Indian reseller for supply of software products to end users should not be classified as royalty. The AAR further held that the relationship between the...

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Market Basics

Posted: 03 Feb 2010 07:38 AM PST

Almost everybody of us, feel very excited when the stock market indices go up and make the front page news. Needless to say, almost everybody of us, feel very disheartened when the stock market indices dip down. It can be said, that without stock...

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Can the provision barring civil court's jurisdiction in the proposed companies act be effective?

Posted: 03 Feb 2010 01:26 AM PST

We all aware that there is no express provision barring the Civil Courts to entertain certain company disputes under the Companies Act, 1956. We have been seeing the cases where the Civil Court entertains Company disputes if there is no specific...

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Vat rate changed in Punjab from 4% to 5%

Posted: 03 Feb 2010 01:21 AM PST

The VAT rate on goods as mentioned in schedule B has been changed from 4% to 5% with effect from 29-01-2010. As per a Notification issued by the EXCISE AND TAXATION DEPARTMENT, PUNJAB No S.O. /P.A.8/2005/S.8/2010. dated 29-01-2010 the VAT rate on...

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Budget may contain the provision requiring TPAs to deduct TDS on payment to hospitals

Posted: 03 Feb 2010 01:13 AM PST

The forthcoming budget may have provisions binding on the third party administrators (TPAs), the entities that network between insurers and hospitals to facilitate cashless treatment for policyholders, to deduct tax at source (TDS) before making...

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Government s likely to introduce a fixed time-frame for nomination of independent directors in state-run companies

Posted: 03 Feb 2010 01:07 AM PST

With the aggressive disinvestment of PSUs being planned for the coming months, the government is likely to introduce a fixed time-frame during which the nomination of independent directors should be completed by state-run companies.

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RBI not have info on "heavy penalties" and "extra-ordinary interest rates" imposed by banks on credit card defaults

Posted: 03 Feb 2010 01:00 AM PST

The banking regulator of the country, Reserve Bank of India, does not have any information about "heavy penalties" and "extra-ordinary interest rates" imposed by banks on credit card defaults. In reply to a question "Is RBI aware that banks are...

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With Regards, 
CA Sandeep Kanoi 
Website: http://www.taxguru.in/ 
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Result analysis of CA Professional Education Examination-II (PE-II), Professional Competence (PCE) and Integrated Professional Competence Examinations (IPCE) Held In November-2009

Posted: 01 Feb 2010 10:02 PM PST

The results of the Chartered Accountants Professional Education Examination-II (PEE-II), Professional Competence (PCE) and Integrated Professional Competence Examinations (IPCE) were declared recently.

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With Regards, 
CA Sandeep Kanoi 
Website: http://www.taxguru.in/ 
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Tax Updates from TaxGuru 02.02.2010

Financial, Legal & Tax Updates from TaxGuru (in this message: 13 new items)

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Section 23 of the Banking Regulation Act, 1949 – Relaxations in Branch Authorisation Policy

Posted: 01 Feb 2010 06:04 PM PST

In partial modification thereof, we advise that Jammu & Kashmir State has since been included in the list of underbanked States and consequently the following underbanked districts of Jammu & Kashmir State – Anantnag, Doda, Kupwara and...

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RBI circular on Export and Import of Currency

Posted: 01 Feb 2010 05:36 PM PST

Attention of Authorised Persons is invited to clauses (a) and (c) of sub-regulation (1) of Regulation 3 of Foreign Exchange Management (Export and Import of Currency) Regulations, 2000, notified vide Notification No. FEMA 6 /RB-2000 dated May 3,...

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Amendment in ANF2-A of Handbook of Procedures Vol.I,2009-14

Posted: 01 Feb 2010 05:29 PM PST

B-3. No fee is payable for modification/amendment if such application is made within 90 days provided, however, that RA issuing I.E.Code may condone delay on payment of penalty of Rs.1000/- to be made in the form of Demand Draft. No fee is required...

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CBDT planning to put in place a more robust and foolproof system for handling high value refunds

Posted: 01 Feb 2010 05:20 PM PST

The Central Board of Direct Taxes (CBDT) was chasing tax evaders so far. Now they have to deal with hackers too as incidents of fraudulent tax refunds were detected involving at least Rs 4 crore from the Income Tax Department, Mumbai with CBDT...

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CBI arrested Assistant General Manager of SEBI for allegedly demanding and accepting a bribe

Posted: 01 Feb 2010 05:15 PM PST

CBI has arrested an Assistant General Manager of market regulator SEBI for allegedly demanding and accepting a bribe of Rs 25 lakh. Official sources said R P Singh, an AGM of the Securities and Exchange Board of India (SEBI)in Kolkata, was arrested...

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ICAI created special Group to consider the matter of Armed Booth Capturing at Vaishali, Ghaziabad

Posted: 01 Feb 2010 04:48 PM PST

A special Group comprising of Two Ex- President and Two Government nominees shall examine the matter related to the most disreputable incident of armed booth capturing in the History of Institute of Chartered Accountants at Vaishali, Ghaziabad on...

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Quality assessment Scheme: Move to improve the quality of Assessment

Posted: 01 Feb 2010 04:38 PM PST

The Central Board of Direct Taxes recently framed a scheme for ensuring quality tax assessments by its officers across India. In the preface to the scheme (issued in December 2009), the CBDT has expressed its concerns on the need for improving the...

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Big four in race to grab the consultant's job for the Unique Identification Authority of India's UID project

Posted: 01 Feb 2010 04:30 PM PST

The Big Four – KPMG, Deloitte, Ernst and Young and PricewaterhouseCoopers – are in a fray for snapping up the consultant's job for the Unique Identification Authority of India's UID project. These four have cleared the first two rounds of evaluation...

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Notional interest on interest-free loans is assessable under transfer pricing law

Posted: 01 Feb 2010 04:19 PM PST

The assessee, an Indian company, advanced interest-free loans to its 100% foreign subsidiaries. The subsidiaries used those funds to make investments in other step-down subsidiaries. On the question whether notional interest on the said loans could...

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No addition can be made or sustained simply on basis of statement recorded at the time of survey/search

Posted: 01 Feb 2010 04:06 AM PST

In order to make an addition on the basis of surrender during search or survey, it is sine qua non that there should be some other material to co-relate the undisclosed income with such statement.

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SEBI circular on Disclosure of investor complaints and arbitration details on Depository website

Posted: 01 Feb 2010 01:58 AM PST

Based on the feedback and inputs received from them transparency in 'grievance redressal' is identified as a key area to augment investor protection. It is envisaged that transparency will also improve the general functioning of the market by...

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CBEC amends tariff value of Brass scrap and poppy seeds

Posted: 01 Feb 2010 01:47 AM PST

In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do, hereby makes the following further amendment in the notification of...

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Anti-dumping duty on the imports of Carbon Black used in rubber applications, originating in or exported from Australia, China PR, Russia and Thailand

Posted: 31 Jan 2010 08:03 PM PST

Whereas, in the matter of import of Carbon Black used in rubber applications (hereinafter referred to as the subject goods), falling under sub heading 2803 00 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter...

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