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    August 31, 2008
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    Double taxation relief procedure: require taxpayers to include foreign income then claim relief, ensuring full reporting.
    Taxpayers with foreign income eligible for a Double Taxation Avoidance Agreement must include that income in their Indian taxable income first and thereafter claim relief under the applicable agreement or its implementing notification; the Central Government's notifications standardise this inclusion then relief procedure, applying equally where implementation is through specified associations, to ensure such foreign income is reported before relief is claimed.
    August 29, 2008
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    Time limit for block assessment: last panchnama date controls limitation, unexplained continuations invalidate extension.
    Determination of the limitation period for block assessments under Section 158BE(1)(b) depends on the date of the last panchnama; an unexplained intervening interval and use of a prohibitory or revocation order to continue searches cannot lawfully extend the statutory limitation, and where records show no justification for a later panchnama restarting the limitation clock the assessment is time-barred.
    August 22, 2008
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    TDS on income: service tax should not be included as taxable income; departmental clarification cannot override statute.
    The note argues that TDS applies only to the income component and that service tax, being a tax payable to the government, cannot form part of an assessee's income for deduction; contributors rely on the statutory definition of professional services and the phrase requiring deduction "as income tax on income comprised therein" to support exclusion of service tax from the TDS base and call for a broader authoritative circular rather than reliance on departmental clarification.
    August 20, 2008
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    TDS on Professional Fees: include service tax in the gross amount, but TDS on rent excludes service tax.
    TDS on rent is to be computed without including service tax, whereas TDS on fees for professional or technical services must be deducted on the gross amount inclusive of service tax; this distinction arises from the statutory wording that treats rent as an "income" and fees as "any sum" payable.
    August 20, 2008
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    Advance tax payments may be misleading as an economic indicator when TDS rises; consider total direct tax collections instead.
    The Ministry clarifies that higher total direct tax collections reflect robust revenue growth and that advance tax and tax deducted at source are partial substitutes: increased TDS on company payments reduced residual advance tax liabilities, causing a lower growth rate in advance tax receipts despite strong aggregate direct tax collections; therefore advance tax growth alone is an inadequate indicator of economic health.
    August 18, 2008
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    Penalty under Section 271(1)(c) can be imposed despite a loss return after the provision's retrospective amendment clarification.
    Penalty under Section 271(1)(c) may be levied even where the returned income is a loss, because the Finance Act, 2002 amendment operates retrospectively; Explanation 4 is clarificatory, and the amendment overruled the earlier precedent that barred penalty in the absence of positive returned income.
    August 17, 2008
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    Investment pattern reform grants trustees greater fiduciary discretion and wider permissible instruments, with staged implementation.
    Notification revises the investment pattern for Non Government Provident Funds, Superannuation Funds and Gratuity Funds, consolidating gilt instruments into one category with an elevated ceiling, replacing fixed category ceilings with flexible limits, and adding eligible instruments including rupee bonds of multilateral agencies, money market instruments and qualifying bank term deposits; limited direct equity investment in companies with listed derivatives is permitted. Trustees are recognised as fiduciaries with duties of due diligence and are granted powers to exit downgraded rated instruments, trade within a turnover limit, and temporarily exceed ceilings subject to year end compliance.
    August 14, 2008
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    Service tax registration documents required for local or centralized registration; branch address proof needed and limited resubmission for amendments.
    Service tax registration requires identity and premises documentation: a copy of the assessee's PAN and proof of address for the premises (telephone or electricity bill, rent agreement, or government-issued address document). Partnership firms must supply a partnership deed and companies their Memorandum of Association. Centralized registration requires the same documents plus proof of address for each branch to be included. For amendments, existing documents need not be resubmitted for service additions or deletions, but proof of address must be submitted when a new premises or branch is added.
    August 14, 2008
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    Financing agreement advances elementary education project, linking external development financing to universal access and quality with equity.
    Signing of a Financing Agreement formalises external financing for the Second Elementary Education Project, with the World Bank as principal financer and additional co-financiers, and establishes project aims to increase enrolment, attendance, completion and basic learning among 6-14 year olds, prioritising special focus groups and organised around improving quality with equity and universalising access and promoting equity.
    August 6, 2008
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    Direct tax growth driven by higher TDS/TCS and corporate tax increases, reflecting stronger compliance and lower collection costs.
    Direct tax collections rose markedly in the first four months, led by substantial increases in corporate and personal income taxes and a 44.56 percent rise in tax deducted/collected at source; corporate TDS/TCS growth was especially high, supported by taxpayer education and compliance measures, and administrative efficiency improved as the cost of direct tax collection declined to 0.54 percent in the prior fiscal year.
    August 2, 2008
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    E-filing of income-tax returns enables widespread voluntary digital filing and faster, more accurate processing and refunds.
    E-filing of income-tax returns has substantially increased, driven largely by voluntary submissions from individuals, professionals and small businesses across major states, remote regions and from abroad. The government highlights e-filing as a cost efficient, convenient and more accurate method that obviates visits to tax offices, reduces record loss risk and enables faster, more accurate processing and refund issuance via the official e filing website.
    August 2, 2008
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    Government securities auction using uniform price method with reserved non competitive allotment and when issued trading eligibility.
    Sale (re issue) of specified Central Government stocks is announced as price based auctions using the uniform price method, administered by the Reserve Bank of India with bids accepted in prescribed forms and via the NDS Primary Market Operation module. Up to five percent of each notified amount is reserved for eligible individuals and institutions under the Scheme for Non Competitive Bidding Facility, and the re issued stocks are eligible for when issued trading under existing RBI guidelines.

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