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    December 20, 2009
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    Advance tax collection by top companies increases in the quarter, raising government advance-tax receipts and signalling stronger tax compliance.
    Increase in advance tax collections from the top 90 corporate advance-taxpayers was recorded in Q3, with aggregate Q3 payments rising to Rs 12,881 crore from Rs 10,404 crore year on year and an incremental Rs 2,477 crore collected. Sixty-one companies paid more in Q3; 34 paid 100% or more of assessed advance tax. For the first three quarters the group's cumulative advance-tax payments rose to Rs 33,358 crore from Rs 27,197 crore, with 68 companies paying more year to date and 22 paying less.
    December 2, 2009
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    Trade defence measures protect domestic industry via anti-dumping and safeguard duties against injurious imports.
    Where imports are priced below normal value and cause injury, domestic industry may seek imposition of anti-dumping duties; where increased imports cause serious injury or threaten market disruption, domestic industry may seek imposition of safeguard duties. The Customs Tariff Act provides relief consistent with international agreements on dumping, subsidies and safeguards, and the Central Government has power under the foreign trade statute to restrict imports.
    December 2, 2009
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    Direct tax collections rose modestly overall, with personal income tax up but corporate tax falling in November.
    Net direct tax receipts for the first eight months rose by 3.71 percent year on year, with corporate tax up modestly and personal income tax (including related levies) up 4.53 percent. November aggregate collections were broadly stable year on year, reflecting a substantial month on month increase in personal income tax contrasted with a pronounced decline in corporate tax. Securities Transaction Tax collections for April-November increased modestly over the prior year.
    November 30, 2009
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    Diplomatic missions: self certified Form 15CA suffices for consular remittances; Form 15CB not required under exemption.
    Diplomatic missions remitting consular receipts abroad must submit a self certified Form 15CA to the remitting bank and are not required to obtain Form 15CB; this rests on the exemption for mission fees and charges under Article 28 of the schedule to section 2 of the Diplomatic Relations (Vienna Convention) Act. Missions must upload remittance details electronically in Form 15CA, print and sign the acknowledged form, submit it in duplicate to the Reserve Bank of India or an authorized dealer, which will forward a copy to the Assessing Officer.
    November 28, 2009
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    EET taxation of savings: proposal shifts tax to withdrawal, delaying DTC Bill until Budget Session.
    The Direct Tax Code proposes replacing the Income Tax Act by shifting many savings schemes from the current EEE treatment to an EET taxation framework taxing withdrawals; stakeholder resistance and unresolved issues including MAT have delayed introduction, and the bill will be tabled in the Budget Session after further consultations and review by the law ministry.
    November 25, 2009
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    Automation of indirect tax administration enables centralized e-registration, e-filing, and electronic processing of refunds and disputes.
    Automation of Central Excise and Service Tax establishes a centralized web-based system that enables electronic registration, filing and scrutiny of returns, electronic processing of refund claims and permissions, maintenance of assessee running accounts, automated reporting, risk-based audit selection, export processing, and dispute-resolution workflows. The registration regime distinguishes new, existing, non-assessee and LTU clients with email-based TPIN/password procedures and mandatory PAN for certain refunds. Operational controls require permanent usernames, periodic password changes and validated email records; the system provides offline utilities, helpdesk support and specified technical requirements for access.
    November 24, 2009
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    Dispute Resolution Panel mechanism enables taxpayers to seek binding directions on draft assessments before appeal rights to the tribunal.
    Notification establishes the Dispute Resolution Panel (DRP) under section 144C to review proposed variations in returned income; eligible taxpayers (notably foreign companies and domestic companies with transfer pricing issues) may apply to the three-member DRP collegium within one month of receiving a draft assessment order for directions to the assessing officer, and the DRP's directions are binding on the assessing officer though the taxpayer may still appeal the assessment order to the Income Tax Appellate Tribunal.
    November 20, 2009
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    Income tax search and seizure: evidence from operations informs assessment and appeals and shapes final legal consequences.
    Searches and seizures under the Income Tax Act, assisted by another enforcement agency, targeted lockers, bank accounts and premises under proprietary orders; seized materials are under investigation, with some prima facie indications of hawala transactions and properties exceeding declared income. Evidence from these operations is used in assessment and reassessment proceedings and attains finality only after completion of assessments and appeals, after which appropriate legal action may follow against those found culpable.
    November 17, 2009
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    Audit report compliance under section 44AB upheld where report obtained within extended time; penalty under section 271B not imposed
    The CBDT circular dated June 19, 1985, binding under section 119, provided that obtaining the audit report within the period recognized by the circular constitutes compliance with the tax audit requirement; where an assessee obtained the audit report in late September after seeking extensions, deposited tax before filing and filed the return within the extended period, that sequence sufficed for compliance and the penalty for failure to get accounts audited was not imposable.
    November 16, 2009
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    Taxability of non-residents: withdrawal of CBDT circulars removes direct reliance, requiring assessment under law and treaties.
    Withdrawal of CBDT circulars rescinds administrative guidance on the taxability of non-residents-guidance that had limited taxable income to profits attributable to Indian operations, excluded certain principal-to-principal sales and export commissions, and exempted procurement offices buying in India solely for export. The withdrawal prevents direct reliance on those circulars and strengthens revenue arguments in pending disputes, requiring taxpayers to determine taxability by reference to the Income Tax Act, applicable tax treaties and judicial precedents rather than withdrawn administrative instructions.
    November 12, 2009
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    Foreign Trade Policy focused on export growth through incentives, market access and trade facilitation to revive industry.
    The New Foreign Trade Policy, 2009-14, prioritises export revival through fiscal incentives, institutional reforms, procedural rationalisation and sustained export promotion schemes focused on employment intensive sectors. Policy measures aim to diversify markets, enhance market access including via ASEAN, consider restoration of income tax benefits for exports, and link incentives to job protection. Trade facilitation is being advanced by a committee to reduce transaction costs and port delays, alongside emphasis on a rule based global trade regime and completion of WTO negotiations.
    November 5, 2009
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    Direct tax collection growth slowed due to higher tax refunds, while corporate and personal tax trends diverged.
    Net direct tax collections for the first seven months showed modest growth with corporate receipts outpacing personal income tax, but substantially higher tax refunds materially constrained net collection growth; October collections remained positive with stronger personal tax monthly growth, weaker corporate monthly receipts, and marginal rise in Securities Transaction Tax over the April-October period.
    November 5, 2009
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    Direct Tax Code reform: stakeholder-led revisions to MAT, GAAR, APAs and tax base rationalisation to simplify and stabilise taxation.
    The Government will comprehensively review and modify the draft Direct Tax Code after stakeholder consultations, focusing detailed examination on nine critical areas including Minimum Alternative Tax based on gross assets, Capital Gains Taxation for non-residents, Income Tax interaction with Double Taxation Avoidance Agreements, the proposed General Anti-Avoidance Rule, taxation of foreign companies via effective management control, taxation of charitable organisations, shift from EEE to EET, treatment of self-occupied property, and taxation of salaried employees; proposed reforms include tiered personal tax slabs, a 25% corporate rate, Advance Pricing Agreements, and rationalisation of deductions and exemptions.
    October 30, 2009
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    Withholding tax liability asserted under section 201 for failure to deduct tax on cross-border share transfer; show-cause required.
    A statutory show-cause notice was issued to Vodafone International Holdings BV under section 201(1) and section 201(1A) alleging failure to deduct tax at source on a cross-border payment for transfer of interests in an Indian company, asserting the Department's jurisdiction to proceed against the foreign payee and requiring a response by the specified compliance date.
    October 24, 2009
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    Section 9 tax exposure: withdrawal of circular removes arms length safe harbour, widening tax reach over foreign BPO parent income.
    Withdrawal of cited circulars eliminates an administrative safe harbour and permits broader attribution of income to foreign parents under Section 9-style income sourcing rules by treating BPOs as a business connection. Arms length payments will no longer automatically prevent assessments of income deemed to arise from Indian activities. The step also removes related protections for export commission and agency remuneration, enhancing the tax authority's ability to claim profits attributable to on shore service operations and increasing transfer pricing and permanent establishment exposure for foreign companies.
    October 23, 2009
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    Taxation of retirement benefits under the draft Direct Taxes Code remains under review; proposals are illustrative and consultative.
    Draft Direct Taxes Code proposals are illustrative and open to consultation; seven critical areas-including taxation of retirement benefits-have been identified for resolution. Controversial elements such as taxation of retirement savings, removal of housing loan incentives, and changes to the Minimum Alternate Tax will be addressed before the Code is finalised and implemented through the appropriate future finance legislation.
    October 12, 2009
    Show AI Summary
    Tax treatment of foreign tour expenses: business nexus versus personal benefit determines deductibility and assessability of spouse travel.
    Whether foreign travel expenses borne by a company for a director's wife are deductible or taxable turns on a factual twofold test: existence of a demonstrable business nexus and whether the expenditure confers a gratuitous personal benefit. If a direct business purpose is shown, the expense may be treated as business expenditure; if gratuitous and without obligation, the value is treated as a perquisite assessable in the hands of the spouse.
    October 9, 2009
    Show AI Summary
    General Anti-Avoidance Rule under review alongside other Direct Taxes Code reforms to refine tax base and compliance.
    Direct Taxes Code reform now targets seven critical areas for detailed examination: Minimum Alternative Tax based on gross assets; Capital Gains taxation for non-residents; the Income Tax Act's interaction with Double Taxation Avoidance Agreements; the General Anti-Avoidance Rule; effective management control and taxation of foreign companies; taxation of charitable organisations; and the shift from an EEE to an EET taxation system, with further steps contingent on a comprehensive review of the draft Code and stakeholder inputs.
    October 6, 2009
    Show AI Summary
    Phishing alert: fraudulent refund emails request credit card details; do not respond to such communications.
    Phishing emails impersonating the Income Tax Department inform recipients of tax refunds and solicit credit card details; the Income Tax Department does not send refund-related emails or request credit card information. Taxpayers are warned not to respond to such messages and are put on notice that providing information in reply is at their own risk, as these communications are fraudulent impersonations using deceptive sender addresses.
    October 6, 2009
    Show AI Summary
    Direct tax collections rise as corporate receipts and advance tax improve despite higher tax refunds constraining net growth.
    Net direct tax collections in the first half showed a modest increase driven by stronger corporate tax receipts and improved advance tax, while higher tax refund outgo substantially reduced net growth. Securities transaction tax recorded marginal positive growth for the April-September period. Advance tax moved from negative growth in the first quarter to positive net growth after second-quarter instalments, with corporate advance tax reversing earlier weakness and improving notably in the second quarter.

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      INDIA’S GOODS AND SERVICES EXPORTS TO DOUBLE BY 2014: ANAND SHARMA INDUSTRIAL OUTPUT EXPANDS BY 10.4% IN AUGUST 2009 CONSULTATIVE COMMITTEE OF COMMERCE AND INDUSTRY MEETS

      November 12, 2009

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      Shri Anand Sharma, Union Minister of Commerce & Industry, during his interaction with the Members of the Parliamentary Consultative Committee attached to his Ministry, here today, stated that even in the difficult times, we would like to achieve an annual export growth of 15% over 2010-11 and added that in the remaining three years, the country should be able to come back on the high export growth path of around 25% per annum. The Minister informed the Members that by 2014, India's exports of goods and services are expected to be doubled while the long term policy objective is to double India's share in global trade by 2020.  The Members who attended the Meeting were: S/Shri Harin Pathak, G.M. Siddeshwara, Chandu Lal Sahu, Kristappa Nimmala, M. Srinivasulu Reddy, Sharad A Joshi, T.K. Rangarajan, N.R. Govindarajar and Y.P. Trivedi. Shri Jyotiraditya M Scindia, Minister of State for Commerce and Industry; Dr. Rahul Khullar, Commerce Secretary; Shri Ajay Shankar, Secretary, Department of Industrial Policy & Promotion; and Shri R.S. Gujral, Director General of Foreign Trade also attended the Meeting.

      Shri Sharma mentioned that during the last five years, our exports witnessed robust growth to reach a level of US $ 185 billion in 2008-09 from US $ 63 billion in 2003-04. "Our share of global merchandise trade rose from 0.83% in the year 2003 to 1.45% in the year 2008. Our share of global commercial services export rose from 1.4% in 2003 to 2.8% in 2008. India's total share in goods and services increased from 0.92% in 2003 to 1.64% in 2008", he added. The Minister further stated that while the impact of global recession is still continuing on our exports, the stimulus packages have started showing their impact in arresting the steep decline in exports; Gems & Jewellery exports have now been stated to be stable and improving, pharmaceutical exports is reasonably stable and some agri products like tobacco, flowers, vegetables etc. are also still doing well.

      To meet the objective of sustained growth in exports, Shri Sharma said "our endeavour is to have a policy environment through a mix of measures including fiscal incentives, institutional changes, procedural rationalization, efforts for enhanced market access across the world and diversification of export markets.  With this background, I have announced the New Foreign Trade Policy, 2009-14 on 27th August'09 giving special thrust to the employment oriented sectors which have witnessed job losses in the wake of recession especially in the field of textiles, leather, handicrafts, etc".

                  As regards industrial slowdown witnessed during 2008-09, Shri Sharma said that it was generally widespread, affecting all the three key segments of the industry viz., mining, manufacturing and electricity and added that the deceleration was sharp in the the manufacturing sector.  The Minister pointed out that the government has announced a lot of incentives to many labour-intensive industries. He further stated that "the impact of the stimulus packages announced can be seen in the revival of the growth of industry, particularly the manufacturing sector. During April-August 2009, the IIP recorded a higher growth of 5.8 per cent compared to 4.8 per cent during the same period last year. The industrial output expanded by a robust 10.4 percent in August 2009, highest in the preceding twenty two months. The industrial revival is broad-based with a double digit growth in the key segments of mining, electricity and manufacturing in August 2009".

                  The Members of Parliament present in the meeting appreciated the Government's initiative to arrest the decline in growth both from the domestic and export front, during the global economic slowdown.  Members also raised the issue of the Goods and Services Tax (GST) and its implementation, move to restore the benefit of Income tax on exports, issues related to cotton exports, impact of exchange rate fluctuation on our economy, infrastructure facilities etc. They also desired to know about the WTO related issues and the impact on Indian industry due to agreement with ASEAN. Some of the Members emphasized that effort should be made for achieving the export target fixed in the present scenario of continuous decline in exports and limited revival of demand in developed economies. They suggested that Ministry should come out with assessment of job losses in the wake of continuing downturn, particularly for gems and jewellery units in Surat and Textile Units in Tirupur and to examine the need to frame incentives linked to job protection and job creation. The Members stressed that the new initiatives taken in FTP, particularly the Export Promotion Schemes which are currently provided for two years, need to be continued for at least 5 years to ensure stability and confidence in the exporting community for sustained growth in exports.

      Replying to the suggestions of the Members present, the Minister informed that Agreement with ASEAN will certainly help India in market access to the South-East Asian countries, which constitute a major proportion of the World Trade.  He highlighted the need for a "Rule Based Global Trade Regime" and stressed on the need for successful completion of WTO negotiation (the present Doha Mandate). He said that a Committee has been constituted to recommend the measures to reduce the transaction cost and time and ensuring easy access to Ports.

                  During the Meeting presentations from Ministry of Commerce and Industry were made on Foreign Trade Policy, Current Economic Crisis and the Impact on Trade and Industry.

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