Monday, June 6, 2011

Fwd: TaxGuru : “Re-assessment of lease classification can be done only on Actual exercises of purchase option” plus 34 more



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From: TaxGuru.in - Daily Tax and Corporate Law Update <info@taxguru.in>
Date: Sat, Jun 4, 2011 at 10:12 AM
Subject: TaxGuru : “Re-assessment of lease classification can be done only on Actual exercises of purchase option” plus 34 more
To: palashbiswaskl@gmail.com


TaxGuru : “Re-assessment of lease classification can be done only on Actual exercises of purchase option” plus 34 more

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Re-assessment of lease classification can be done only on Actual exercises of purchase option

Posted: 03 Jun 2011 08:55 PM PDT

aragraph 10 of AS 19 Leases requires the lease classification to be made at the inception of the lease., It further states that ,...If at any time the lessee and the lessor agree to change the provisions of the lease, other than by renewing the...

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Procedure for issuance of Lower / Nil TDS Certificate

Posted: 03 Jun 2011 06:22 PM PDT

· Every finance professional are making estimated accounts of the company and based on that you can also prepare the estimated computation of total income assuming same adjustments as done for the previous year. Determine the expected tax liability...

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SEBI imposes Rs 14 cr penalty on two IPO scam financiers

Posted: 03 Jun 2011 04:37 PM PDT

Market regulator Sebi today imposed a penalty of Rs 14 crore on Dushyant Natwarlal Dalal and Puloma Dushyant Dalal , the two financiers for unlawful gains made during the infamous IPO scam of 2003-05. The two had been accused of making unlawful...

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Black Money – Action Taken by Government on Demands Raised by Baba Ramdev

Posted: 03 Jun 2011 04:14 PM PDT

There is a legal framework regulated by the Reserve Bank of India for the opening of bank accounts overseas by Indian residents and for outward or inward remission of funds through authorized channels. The existing legal framework for dealing with...

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No great ambiguity in international tax laws – IT official

Posted: 03 Jun 2011 04:12 PM PDT

The Income Tax department today said there is no great ambiguity in international tax laws and the Government wants to have more transparency in deals. There are issues...debatable issues, but there is no great ambiguity in international tax laws,...

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Indian Postal Dept. mobile money transfer service

Posted: 03 Jun 2011 03:53 PM PDT

The Department of Posts (DoP) has launched the mobile-based money transfer service by Post Offices for quicker transfer of money from one city to another. Launching the service, the Union Minister of State for Communications, Information Technology...

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Message by ICSI President – June, 2011

Posted: 03 Jun 2011 03:18 PM PDT

XBRL – A New Financial Reporting Language -Businesses are adapting to an operating environment which increasingly focuses on improved corporate governance and better risk management. In response to changing expectations of stakeholders towards...

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Consumer Affairs Minister for Strict Action against Misleading Advertisements

Posted: 03 Jun 2011 01:26 PM PDT

The Ministry of Consumer Affairs, Food & Public Distribution will soon convene a meeting to discuss the issue of misleading advertisements with various service sector ministries and related agencies. Expressing concern over such advertisements...

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Capitalization of borrowing cost on prepayments made to acquire an asset

Posted: 03 Jun 2011 06:04 AM PDT

AS 16 Borrowing costs defines a 'qualifying asset' as an 'asset that necessarily takes a substantial period of time to get ready for its intended use or sale.' It also clarifies that ordinarily, a period of twelve months is considered as a...

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Discounting charges made for bills of exchange are not interest – Delhi HC

Posted: 03 Jun 2011 05:40 AM PDT

Delhi High Court in the case of DCIT v. Cargill Global Trading (I) (P) Limited on the issue of whether discounting charges paid to a non-resident on discounting of bills of exchange (BEs) can be characterized as 'interest', liable for withholding...

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Summary of New Draft Rules for Preferential Allotment/ Private Placement in unlisted public companies

Posted: 03 Jun 2011 05:06 AM PDT

Under Section 81 (1A) of the Companies Act, a public company may make a preferential allotment of shares only by passing a special resolution in a general meeting. On 24 May 2011 the Ministry of Corporate Affairs has issued a new set of draft rules...

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Fema – RBI liberalises and rationalises Overseas Direct Investment Regulations

Posted: 03 Jun 2011 04:58 AM PDT

As a measure of providing operational flexibility to Indian Corporates investing / having investments abroad, the Reserve Bank of India has further liberalised and rationalised its Overseas Direct Investment Regulations vide A. P. (DIR Series)...

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Existence of actual cross border transaction and motive to shift profits or evade taxes not necessary pre conditions for Transfer pricing provisions to apply

Posted: 03 Jun 2011 04:41 AM PDT

The Delhi Bench of the Income-tax Appellate Tribunal in the case of Tianjin Tianshi India Private Limited v. ITO, held that existence of actual cross border transaction and motive to shift profits outside India or evade taxes in India are not...

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Taxpayer not eligible to claim short stay exemption under the DTAA as the salary was paid directly by the Indian subsidiary

Posted: 03 Jun 2011 04:34 AM PDT

Madras High Court has recently held in the case of CIT v R. Rajgopal [TS-222-HC-2011 (MAD)] that, as the salary was paid directly by the Indian subsidiary company, conditions of Article 16(2)(b) of the Indo-UK Treaty was not fulfilled. Accordingly,...

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Govt to dedicate National Legal E-Library to nation on 15 August 2011

Posted: 02 Jun 2011 11:06 PM PDT

The ‘National Legal E-Library’ project of the Government is to be dedicated o the nation on 15 August 2011.Dr. M Veerappa Moily, the Minister of Law & Justice had proposed the need for the formulation of a ‘National Legal e-library’ for...

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India among top four wealth creators in world – Study

Posted: 02 Jun 2011 10:23 PM PDT

India has emerged among the four fastest wealth creator countries in the world and its growth momentum is expected to gather further steam going forward, a global study has said. In its annual Global Wealth Report, management consulting firm Boston...

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New pension policy – PFRDA to retain 50 per cent cap on equity investment

Posted: 02 Jun 2011 10:19 PM PDT

Pension regulator, PFRDA, today said that it would like to maintain the 50 per cent limit on investment in equities for the new pension fund, regardless of the recommendation of the Bajpai committee. We think that at the current stage of pension...

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Secretary, Financial Services Launches Integrated Grievance Management System (IGMS); asks Insurance Companies to Focus on Increasing Insurance Literacy

Posted: 02 Jun 2011 09:47 PM PDT

Emphasizes on Putting Proper Regulatory Mechanism in Place to Protect the Interest of Policy Holders - Shri S.K. Sharma, Secretary, Department of Financial Services, Ministry of Finance launched the online grievance portal i.e. Integrated Grievance...

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SEZ – Views of the Industry sought by MCI on its proposal to relax conditions for Project & Employment Visa for SEZ

Posted: 02 Jun 2011 09:47 PM PDT

CIRCULAR [NO. 12/2/2011-FOI], DATED 5-5-2011 It has been realised that while this stipulation would remain to be a guiding factor to operate E-visa regime in general, units bringing large amount of FDI in SEZs could be granted exemption from this...

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The Companies (Cost Audit Report) Rules, 2011

Posted: 02 Jun 2011 09:42 PM PDT

Cost Auditor to be furnished with the cost accounting records etc. – Without prejudice to the powers and duties the Cost Auditor shall have under sub-section (4) of section 233B of the Act, the company and every officer thereof, including the...

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Companies Director Identification Number (Second Amendment) Rules, 2011

Posted: 02 Jun 2011 09:41 PM PDT

These rules may be called the Companies Director Identification Number (Second Amendment) Rules, 2011. (2) They shall come into force with effect from 12th June, 2011. 2. In rule 3,‑ (i) In sub-rule (3), para (b), the word 'can' after the words...

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Seeks to supersede Notification No.153/2009-Customs, dated 31.12.2009 and to provide duty concessions to Philippines and other ASEAN countries in view of ASEAN- India FTA (AIFTA)

Posted: 02 Jun 2011 09:40 PM PDT

Notification No. 46/2011-Customs Provided that the importer proves to the satisfaction of the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, that the goods in respect of which the benefit of this exemption...

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SEBI – Redemption of Indian Depository Receipts (IDRs) into Underlying Equity Shares

Posted: 02 Jun 2011 09:39 PM PDT

CIRCULAR CIR/CFD/DIL/3/2011 a. After the completion of one year from the date of issuance of IDRs, redemption of the IDRs shall be permitted only if the IDRs are infrequently traded on the stock exchange(s) in India. b. The issuer company shall...

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Seeks to amend notification no. 96/2008-Customs, dated 13.08.2008 so as to include ‘Islamic republic of Afghanistan’ as one of the beneficiaries to DFTP scheme

Posted: 02 Jun 2011 09:37 PM PDT

Notification No. 45/2011-CustomsIndia has extended duty-free market access to Afghanistan as part of its economic package for least developed countries (LDCs). Under the scheme, the import of most products from the neighbouring country will be...

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Clarification about requirement of ‘Declaration of Intent’ on Free Shipping Bills for claiming Chapter 3 scheme benefits

Posted: 02 Jun 2011 09:36 PM PDT

Policy Circular No. 32(RE-2010)/2009-14 It is clarified that 'Declaration of Intent' needs to be mentioned mandatorily on the free shipping bills for claiming Chapter 3 benefits . This declaration can be made in the product description column in the...

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Exemption for export of 10,000 MTs of organic sugar – Notification No 52 (RE–2010)/2009-2014

Posted: 02 Jun 2011 09:35 PM PDT

Notification No 52 (RE – 2010)/2009-2014 Export of sugar is free subject to obtaining release order from the Chief Director(Sugar), Directorate of Sugar. But, the same is not required for export of Organic sugar with a ceiling of 10,000 MTs per...

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Export of Organic Pulses – Notification No 51 (RE–2010)/2009-2014

Posted: 02 Jun 2011 09:34 PM PDT

Notification No 51 (RE –2010)/2009-2014 Export of Organic Pulses was earlier exempted from the ban on export of pulses with a ceiling of 10,000 tonnes upto 31.03.2012 and subject to certain conditions. Now exemption on export of organic pulses...

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Exemption for export of 10,000 MTs of organic edible oils – Notification No 50 (RE–2010)/2009-2014

Posted: 02 Jun 2011 09:33 PM PDT

Notification No 50 (RE – 2010)/2009-2014 Prohibition on export of edible oils is upto 30.09.2011. But, the same will not apply to export of Organic edible oils (new addition now) in addition to other relaxations/exemption granted earlier; but with...

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Amendment of para3.11.8 of HBP Vol I( 2009-14) – Public Notice No. 53(RE-2010)/ 2009-14

Posted: 02 Jun 2011 09:32 PM PDT

Public Notice No. 53(RE-2010)/ 2009-14 Till now Shipping Bills filed under Chapter 4 (including drawback), Chapter 5 or Chapter 6 schemes needed a 'Declaration of Intent' for claiming chapter 3 benefits. Now this 'Declaration of Intent' is ...

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Amendment in the Hand Book of Procedures, Vol.1; specifically in the ANF 3B – Public Notice No. 52 (RE2010)/2009-14

Posted: 02 Jun 2011 09:31 PM PDT

PUBLIC NOTICE No. 52 (RE2010)/2009-14 A new EDI and user friendly format of ANF 3B has been introduced to facilitate easy filing of applications for grant of SFIS benefits. Earlier SFIS benefit was granted for services listed under Appendix 10 which...

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MODIFICATION OF SION C-593 under Engineering Product Group – Public Notice No. 51 /(RE-2010)2009-2014

Posted: 02 Jun 2011 09:30 PM PDT

Public Notice No. 51 /(RE-2010)2009-2014 Under SION C-593, till now only HR coil/plates made of non-alloy steel were permitted input at Sl No. 1 of the SION. Now the definition of this input is modified to permit HR coil/plates made out of Alloy...

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RBI circular on Financing of Self Help Groups (SHGs) and Joint Liability Groups (JLGs) by Primary (Urban) Co-operative Banks (UCBs)

Posted: 02 Jun 2011 09:29 PM PDT

UBD.BPD.(PCB)CIR No. 50/13.05.000(B)/2010-11 As announced in the Monetary Policy 2011-12 [para 100 - appended], with a view to further expanding the outreach of UCBs and opening an additional channel for promoting financial inclusion, it has been...

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SEBI – Periodical Report – Grant of prior approval to members of stock exchanges/sub-brokers

Posted: 02 Jun 2011 09:29 PM PDT

CIRCULAR No. . CIR/MIRSD/2/2011 - Requirement of members of the stock exchanges and sub-brokers to obtain prior approval from SEBI for change in status or constitution has been done away with. However, the members of the stock exchanges would be...

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SEBI – Processing of investor complaints against listed companies in SEBI Complaints Redress System (SCORES)

Posted: 02 Jun 2011 09:28 PM PDT

CIRCULAR No. -CIR/OIAE/2/2011 All complaints pertaining to companies will be electronically sent through SCORES at http://scores.gov.in/Admin. The companies are required to view the complaints pending against them and submit ATRs alongwith...

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Slowdown in housing loan uptake due to interest rate hike – National Housing Bank

Posted: 02 Jun 2011 09:25 PM PDT

The National Housing Bank today said there has been a slowdown in the growth of housing loan uptake due to higher interest rates and rising property prices. Traditionally, growth in housing finance loans was witnessed at 25 per cent each year for...

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Palash Biswas
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