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    DIRECT TAX COLLECTIONS
    Interest on loan borrowed for capital assets - deduction u/s 36(1)(iii) - A never ending battle
    ISSUE OF FOREIGN CURRENCY EXCHANGEABLE BONDS SCHEME, 2008
    NORMS FOR FILING TDS/TCS RETURNS
    Commercial Coaching and Training Centre Versus Charitable Institutions - Applicability of Service Tax
    I-T DEPTT DETECTS TAX EVASION OF OVER RS.100 CRORE DURING SURVEYS
    DIRECT TAX COLLECTIONS POSTS 40% GROWTH
    AGREEMENT BETWEEN INDIA AND ZAMBIA FOR THE AVOIDANCE OF DOUBLE TAXATION (DTAA) AND PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME
    Extension of due date for filing of quarterly statements of Tax Deducted at Source (TDS) and Tax Collected at Source (TCS) for the quarter ending 30th...
    Search and Seizer - restraint Order u/s 132(3) - Whether discloser of Bank Account is sufficient ground to avoid restraint on operation of the bank ac...
    AUTHORITY FOR ADVANCE RULINGS ON CENTRAL TAXES BILL, 2007
    CBDT EXTENDS DUE DATE FOR QUARTELY RETURNS
    PRESS NOTE- SALE (RE-ISSUE) OF GOVERNMENT STOCKS UNDER MSS
    E-PAYMENT OF TAXES MADE MANDATORY
    NOTIFICATIONS ON ABTEMENT RATES ISSUED
    TDS on cooling charges paid to the cold storage Under Section 194-I to payments made by the customers on account of
    Direct tax collections continued to record a growth of over 40 percent for the first nine months
    FM : IT DEPT. TO BE MORE FRIENDLY TO BULK TAXPAYERS - CHIDAMBARAM COMMENDS FOR PERFORMANCE
    Interest Income Shall be exempt if paid to FINNVERA or Finnish Export Credit in Finland - DTAA
    EOU/SEZ SECTOR ACCELERATES PACE OF ECONOMIC GROWTH, SAYS KAMAL NATH - PRESENTS EPCES EXPORT AWARDS TO EOUS & SEZ UNITS
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February 21, 2008
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Direct tax collections growth reflects improved compliance and stronger corporate and personal tax receipts driving revenue mobilisation.
Direct tax collections through mid-February expanded substantially, driven chiefly by Corporate Tax and Personal Income Tax, with strong gains in Securities Transaction Tax and sustained receipts from Fringe Benefit Tax and Banking Cash Transaction Tax. The Mumbai region provided the largest share. Administrative metrics show marked rises in self-assessment tax and in tax deducted or collected at source, reflecting improved voluntary compliance and more effective tax administration.
February 19, 2008
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Interest deduction for business borrowings: conflicting rulings on whether interest must be capitalized before asset use.
The core dispute is whether interest on borrowings made for business purposes but used to acquire capital assets not yet put to use is deductible under Section 36(1)(iii) or must be capitalized under Explanation 8 to Section 43(1). The Supreme Court allowed deduction where the borrowing was for business purposes, treating Section 36(1)(iii) as self-contained; the Punjab & Haryana High Court disallowed deduction and required capitalization of such interest until the asset is first put to use.
February 16, 2008
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Foreign Currency Exchangeable Bonds enable promoter firms to raise foreign funding exchangeable into listed group equity under FDI and ECB conditions.
The Scheme permits promoter-group Indian companies to issue Foreign Currency Exchangeable Bonds to non-resident investors, exchangeable into equity of a listed group company; issuance, exchange pricing, and tax treatment follow the FCEB Scheme. The Offered Company must be listed and eligible under FDI and ECB policies. Proceeds must comply with FDI and ECB requirements, may be invested in promoter group companies for permitted end uses (excluding capital market and real estate investments in India), or used for overseas direct investment under existing outbound guidelines. Interest and issue costs must observe the ECB all in cost ceiling, and bonds have a mandatory minimum maturity with an exchange option exercisable prior to redemption.
February 12, 2008
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PAN-quotation requirement strengthened; returns lacking sufficient PAN entries will be rejected by deductors and collectors.
Requirement that tax deductors and collectors quote correct PAN for deductees in TDS/TCS returns is mandatory: returns in Form No.24Q, Form No.26Q and Form No.27EQ not meeting enhanced PAN-quotation thresholds will not be accepted, with the enhanced thresholds applicable from the quarter ending 31.03.2008 and to earlier-quarter returns filed on or after that date.
February 12, 2008
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Commercial training taxability: service tax not leviable where education is predominantly charitable and diplomas lack legal recognition.
Taxability depends on whether training is commercial and whether certificates are recognized by law; unrecognized diplomas do not confer exemption. Although surplus was earned, the education activity was predominantly public utility and not a commercial business in the instant case, leading the tribunal to conclude service tax was not leviable on the appellant.
February 7, 2008
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Tax evasion uncovered through coordinated search and survey operations leads to admissions and cash seizures, prompting compliance actions
Detection of tax evasion through coordinated search and survey operations targeting a real-estate-linked business group and affiliated builders, where searches and subsequent surveys at multiple locations produced evidence of undisclosed receipts, leading to admissions of unaccounted income, cash seizures at a builder's premises and residence, and enforcement and compliance actions against the entities involved.
February 7, 2008
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Direct tax collections growth driven by corporate and personal income tax increases across regions.
Direct tax collections rose about 40 percent in the first ten months of the fiscal, driven by substantial increases in Corporate Tax and stronger relative growth in Personal Income Tax, with Securities Transaction Tax, Fringe Benefit Tax and Banking Cash Transaction Tax also contributing; regional performance was uneven, with Mumbai leading overall growth and marked variation in corporate and personal tax gains across jurisdictions.
February 7, 2008
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Avoidance of double taxation: agreement to enhance cross-border investment, technology exchange and tax stability between the parties.
Approval was granted for conclusion of an international agreement providing for Avoidance of Double Taxation and Prevention of Fiscal Evasion with respect to taxes on income between the two contracting states, creating tax stability for residents and facilitating cross-border investment, technology and services.
February 7, 2008
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TDS/TCS filing requirements extended to allow mandated PAN data compliance before returns are accepted and penal consequences apply.
Extension postpones the deadline for filing quarterly TDS and TCS statements to allow deductors/collectors to furnish mandated PAN data: 90% coverage for salaried deductees and 70% for others. Returns with PAN coverage below these thresholds will not be accepted and penal consequences under the Income-tax Act may follow. Deductors must obtain and quote correct PANs and deductees must furnish correct PANs to avoid penalties. Mandatory electronic filing applies for entities covered by audit requirements and those with large numbers of records in prior-year quarters.
February 5, 2008
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Bank account disclosure insufficient to lift restraint on account operations; restraint may persist despite book or computer records.
Mere disclosure of bank accounts or computerized records does not preclude a restraint on operating those accounts under search and seizure provisions; the banker-customer relationship remains one of debtor and creditor, meaning deposited funds are the bank's subject to repayment obligations. Where funds are transferred to a PD account under procedural orders, they should be placed in an interest-bearing fixed deposit to preserve statutory interest entitlements, and the related assessment must be completed within the prescribed time.
February 5, 2008
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Authority for Advance Rulings consolidation aims to create a single body issuing binding advance rulings under central tax laws.
Consolidation of separate advance-ruling bodies into a single Authority for Advance Rulings for central tax laws is proposed by the Authority for Advance Rulings on Central Taxes Bill, 2007, following a review that found inadequate workload for multiple Authorities; the Bill seeks to enact a standalone statute and make consequential amendments to the Income-tax, Customs, Central Excise, Central Sales Tax and Finance Acts so the new Authority can issue binding advance rulings on tax liability questions.
February 4, 2008
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PAN data compliance: returns lacking required PAN completeness will be rejected and mandatory e-filing enforced.
The tax board extended the filing date for quarterly TDS/TCS statements but made acceptance conditional on meeting prescribed PAN data thresholds: Form 24Q for salaries and Forms 26Q and 27EQ for other payments/TCS must reach the required PAN completeness levels or will be rejected; deductors, collectors and deductees are warned of penal consequences for non-compliance and of mandatory electronic filing for specified auditors and high-record filers.
January 28, 2008
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Market Stabilization Scheme auction of government stock proceeds by multiple price bidding with reserved non competitive allotment.
Sale (re-issue) of Government Stock under the Market Stabilization Scheme will be conducted via a price based multiple price auction by the central bank on a specified date; results are to be announced the same day with payment by successful bidders on the following banking day. Up to five percent of the notified amount is reserved for eligible individuals and institutions on a non competitive basis. Bids are to be lodged in prescribed form at the designated Public Debt Office or submitted electronically by NDS members through the Primary Market Operation module by the midday cutoff.
January 25, 2008
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Mandatory electronic payment of taxes expands to corporate taxpayers and those under audit provisions, permitting online banking and card payments.
The scheme requires electronic payment of income taxes by all corporate assesses and by non-corporate assesses subject to statutory audit, effective from 1 April 2008. Payments are to be made through internet banking offered by authorized banks or via internet using credit or debit cards, converting the earlier optional electronic payment arrangement into a mandatory compliance obligation for the specified taxpayer categories.
January 25, 2008
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Abatement rates for retail-sale-based central excise duty prescribed for specified electronic goods, effective from notification.
Two Central Excise notifications prescribe abatement rates for retail-sale-based valuation of specified tariff items: printers and multifunction devices and ink cartridges with print head assembly (25%), certain computer goods and peripherals (22.5%-25%), modems (25%), set top boxes for internet and television (24%), and monitors for automatic data processing machines (25%); the notifications were issued by the Central Board of Excise and Customs and take effect from 25.01.2008.
January 21, 2008
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Contractual service characterization: TDS on cooling charges governed by section 194C, not section 194I, per CBDT circular.
The CBDT Circular No. 1/2008 states that cooling charges paid by customers to cold storage owners are contractual service payments and thus the TDS rules applicable to contracts (section 194-C) apply; TDS under section 194-I is not to be deducted.
January 16, 2008
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Direct tax growth boosted by corporate and personal tax increases, reflecting stronger collection and improved compliance.
Direct tax collections rose substantially in the first nine months, with corporate tax and personal income tax contributing materially and transactional levies also expanding, resulting in net collections reaching a substantial portion of the budgeted direct tax target. Regional data showed pronounced year-on-year growth in several metropolitan and regional centres, and administrative indicators-tax deduction/collection at source and voluntary self-assessment payments-increased markedly, indicating improved tax administration and higher taxpayer compliance.
January 16, 2008
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Tax administration friendliness urged-enhance taxpayer services while focusing enforcement on the non compliant minority and using technology to improve efficiency.
The Finance Minister directed the income tax department to adopt a dual approach: be more taxpayer friendly toward the large majority who comply voluntarily while remaining tough on the small minority of recalcitrant taxpayers. He stressed a technology driven, non discriminatory and transparent collection mechanism and authorised incentive funding to improve infrastructure, operational efficiency and basic taxpayer amenities such as potable water and clean toilets.
January 16, 2008
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Interest exemption for payments to designated Finnish export credit agencies under the India-Finland tax treaty.
Interest arising in India paid to designated Finnish export credit agencies added to paragraph 3 of Article 12 of the India-Finland DTAA is exempt from Indian tax; the amendment qualifies those institutions as eligible recipients for the exemption and applies from the effective insertion date reflected in the notification.
January 11, 2008
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Sunset clause removal urged to preserve income tax exemption for EOUs amid service tax and duty-drawback concerns.
Key regulatory priorities for the EOU/SEZ sector include removal of the sunset clause to secure income tax exemption, resolution of service tax treatment, assurance of DEPB/duty-drawback benefits for supplies to SEZ developers, clarification of tax-exemption provisions for SEZ units, and addressing state-level impediments such as Single Window implementation and stamp duty exemptions.

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