Friday, July 31, 2009

Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) (Second Amendment) Regulations, 2009 - Amendment in schedule I and schedule II

Notification No. G.S.R. 547(E), [No. FEMA, 194/2009-RB], dated 17-6-2009

In exercise of the powers conferred by clause (d) of sub-section (3) of Section 6 and sub-section (2) of Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Reserve Bank of India hereby makes the following amendments in the Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) Regulations, 2000 (Notification No. FEMA 3/2000-RB dated May 3, 2000), namely :—

1. Short title and commencement.— (a) These Regulations may be called the Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) (Second Amendment) Regulations, 2009.

(b) They shall come into force from the dates specified in these Regulations.*

2. Amendment of the Regulations.—In the Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) Regulations, 2000 (Notification No. FEMA 3/2000-RB, dated May 3, 2000) (hereinafter referred to as 'the principal regulations'),—

(A) In Schedule I in paragraph (1).

(a) in sub-paragraph (iv)

(i) for clause AA, the following shall be substituted and shall be deemed to have been substituted with effect from 29th day of May, 2008, namely :—

"(AA) Borrowings in foreign exchange per borrower company per financial year up to such amounts not exceeding US Dollars 500 million or its equivalent as directed by the Reserve Bank from time to time shall be permitted for such permissible end-uses as indicated by Reserve Bank from time to time".

(ii) in sub-paragraph (A), in clause (a), for 'Explanation' the following shall be substituted and deemed to have been substituted with effect from the 8th day of October, 2008, namely :—

"Explanation : The following sectors will qualify as infrastructure sectors, namely : (i) Power, (ii) Telecommunication, (iii) Railways, (iv) Road including Bridges, (v) Sea Port and Airport, (vi) Industrial Parks, (vii) Urban Infrastructure (water supply, sanitation and sewage projects) and (viii) Mining, Exploration and Refining".

(b) for sub-paragraph (ix) the following shall be substituted and shall be deemed to have been substituted with effect from 22nd day of October, 2008, namely :—

"(ix) Parking of loan amount

The proceeds of borrowings in foreign exchange availed under the schedule may, pending utilisation for permissible end-uses, be parked abroad or in India as directed by the Reserve Bank from time to time".

(B) In Schedule II, in paragraph (3), in sub-paragraph (iii),

(i) in sub-paragraph (A) in clause (a) for 'Explanation' the following shall be substituted and shall be deemed to have been substituted with effect from the 8th day of October, 2008, namely :—

"Explanation : The following sectors will qualify as infrastructure sectors, namely : (i) Power, (ii) Telecommunication, (iii) Railways, (iv) Road including Bridges, (v) Sea Port and Airport (vi) Industrial Parks, (vii) Urban Infrastructure (water supply, sanitation and sewage projects) and (viii) Mining, Exploration and Refining".

(ii) clause AA shall be substituted and deemed to have been substituted with effect from the 29th day of May, 2008.

"(AA) Borrowings in foreign exchange per borrower company per financial year up to such amounts as directed by the Reserve Bank from time to time shall be permitted for such permissible end-uses as indicated by Reserve Bank from time to time".

(iii) for sub-paragraph (viii), the following shall be substituted and shall be deemed to have been substituted with effect from the 22nd day of October, 2008, namely :—

"Parking of loan amount

The proceeds of borrowings in foreign exchange availed under the schedule may, pending utilisation for permissible end-uses, be parked abroad or in India as directed by the Reserve Bank from time to time".

[F. No. 1/23/EM/2000-Vol.-IV]

Wednesday, July 29, 2009

EXEMPTION TO MAINTENANCE OF ROADS

EXEMPTION TO MAINTENANCE OF ROADS

NOTIFICATION NO. 24/2009 - SERVICE TAX, DATED 27-7-2009

In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as the Finance Act), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable service, referred to in sub-clause (zzg) of clause (105) of section 65 of the Finance Act,1994, provided to any person by any other person in relation to management, maintenance or repair of roads, from the whole of the service tax leviable thereon under section 66 of the said Finance Act.

Tuesday, July 28, 2009

Amendments to Finance (No.2) Bill, 2009

Amendments to Finance (No.2) Bill, 2009

List No. 3

LOK SABHA

FINANCE (No. 2), BILL, 2009

(As Introduced in Lok Sabha)

Notice of Amendments

Sl. No.

Name of Member and text of Amendment

Clause No

SHRI PRANAB MUKHERJEE

11.

Page 4, for lines 61 and 62 substitute -

'(d) in clause (24), -

(i) in sub-clause (iia), after the word and figures 'section 10", the words "or by an electoral trust" shall be inserted with effect from the 1st day of April, 2020;

(ii) after sub-clause (xiv), the following sub-clause shall be inserted with effect from the 1st day of October, 2009, namely : -

"(xv) any sum of money or value of property referred to in clause (vii) of sub-section 2 of section 56;";.

3

12.

Page 5, for lines 51 and 52 substitute, -

Amendment of section 17. '9. In section 17 of the Income-tax Act, in clause (2), with effect from the 1st day of April, 2010,-

(a) in sub-clause (v), for the words "annuity; and", the word "annuity;" shall be substituted,

(b) for sub-clause (vi), the following sub-clauses shall be substituted, namely : -

9

13.

Page 6, in line 19, for "one lakh rupees;", substitute "one lakh rupees; and"

9

14.

Page 6, after line 39 insert, -

"Provided that the expenditure incurred, wholly and exclusively, for the purposes of any specified business, shall be allowed as deduction during the previous year in which he commences operations of his specified business, if -

(a) the expenditure in incurred prior to the commencement of its operation; and

(b) the amount is capitalised in the books of account of the assessee on the date of commencement of its operations,".

13

15.

Page 10, for lines 5 to 10, substitute -

Amendment of section 49. - '23. In section 49 of the Income-tax Act, -

(a) for sub-section (2AA), the following sub-Section shall be substituted with effect from the 1st day of April, 2010, namely : -

"(2AA) Where the capital gain arises from the transfer of specified security or sweat equity shares referred to in sub-clause (vi) of clause (2) of section 17, the cost of acquisition of such security or shares shall be the fair market value which has been taken into account for the purposes of the said sub-clause.;"

(b) after sub-section (3), the following sub-section shall be inserted with effect from the 1st day of October, 2009, namely : -

"(4) Where the capital gain arises from the transfer of a property, the value of which has been subject to income tax under clause (vii) of sub-section (2) of section 56, the cost of acquisition of such property shall be deemed to be the value which has been taken into account for the purposes of the said clause (vii)."'.

23

16.

Page 10, for lines 11 and 12, substitute -

Amendment of section 50B - "24. In section 50B of the Income-tax Act, in Explanation 2 with effect from the 1st day of April, 2010,-

(i) in clause (a), the words "and" occurring at the end shall be omitted;

(ii) for clause (b), the following clauses shall be substituted, namely : -".

24

17.

Page 10, in line 51, for "that section", substitute "those section".

26

18.

Page 11, for line 30, substitute -

"referred to in clause (b) of section 145A.".

26

19.

Page 12, for lines 37 to 40, substitute -

'(a) in sub-section (I)

(i) in the opening portion, after the words, figures and letters "Where an assessee, being an individual employed by the Central Government or any other employer on or after the 1st day of January, 2004,", the words "or any other assessee, being an individual" shall be inserted;

(ii) for the words "as does not exceed ten per cent. of his salary in the previous year", the following words shall be substituted, namely : -

"as does not exceed, -

(a) in the case of an employee, ten per cent, of his salary in the previous year; and

(b) in any other case, ten per cent, of this gross total income in the previous year:,;

30"

20.

Page 12, for lines 48 and 49, substitute-

Amendment of section 80E. 32. In section 80E of the Income tax Act, in sub-section (3), with effect from the 1st day of April, 2010,-

(i) for clause (C), the following cause shall be substituted, namely:-

32

21.

Page 12, after line 53, insert-

(ii) for clause (e) the following clause shall be substituted namely:-

(e) "relative", in relation to an individual, means the spouse and children of the individual or the student for whom the individual is the legal guardian.'

32

22.

Page 13, in line 8, for "in sub-section (i)" substitute" in sub-section (2)".

36

23.

Page 13, for line 12, substitute-

'(c) in sub-section (4) -

(A) in clause (iii), in the second proviso, for the words, figures and letters "the 31st day of March, 2009" the words, figures and letterers "the 31st day of March, 2011" shall be substituted'.

36

24.

Page 13, line 13, for "(A)" substitute "(B)"

36

25.

Page 13, line line 15, for "(B)" substitute "(C)"

36

26.

age 13, line 18, for "(C)" substitute "(D)"

36

27

Page 13, line 46, for "following clause, " substitute " following clauses"

37

28.

Page 13, after line, 52, insert-

"(V) is engaged in commercial production of natural gas in blocks licensed under the IV Round of bidding for award of exploration contracts for Coal Bed Methane blocks and begins commercial production of natural gas on or after the 1st day of April, 2009,

37

29

Page 13, for lines 53 to 55, substitute -

'(c) in sub-section (10),-

(i) in the opening portion, for the figures, letters and words "31st day of March, 2007" the figures, letters and words "31st day of March, 2008" shall be substituted;

(ii) in clause (c), for the words "any other place; and", the words "any other place;" shall be substituted with effect from the 1st day of April, 2010;

(iii) after clause (d), the following clauses shall be inserted with effect from the 1st day of April, 2010, namely:-'

37

30.

Page 13, for line 60, substitute -

"(i) the individual or the spouse or the minor children of such individual,".

37

31.

Page 13, in line 64, for "(ii)", substitute "(iv)".

37

32.

Page 13, after line 68, insert -

'(d) in sub-section (11A), with effect from the 1st day of April, 2010,-

(i) after the words "vegetables or", the following words shall be inserted, namely:-

"meat and meat products or poultry or marine or dairy products or";

(ii) the following proviso shall be inserted, namely:-

"Provided that the provisions of this section shall not apply to an undertaking engaged in the business of processing, preservation and packaging of meat or meat products or poultry or marine or dairy products if it begins to operate such business before the 1st day of April, 2009.".'.

37

33.

Page 13, after line 68, insert-

Amendment of section 80-U. 37A. In section 80 U of the Income-tax Act, in subsection (l), after the proviso, the following proviso shall be inserted with effect from the 1st day of April, 2010, namely:-

"Provided further that for the assessment years beginning on or after the 1st day of April, 2010, the provisions of the first proviso shall have effect as if for the words "seventy-five thousand rupees", the words "one lakh rupees: had been substituted.".'.

New clause 37 A

34.

Page 15, for lines 4 to 9, substitute -

'(i) the amount of income-tax calculated at the rate of thirty per cent on the aggregate of anonymous donation received in excess of the higher of the following, namely:-

(A) five per cent of the total donations received by the assessee, or

(B) one lakh rupees; and";

(b) for clause (ii) the following clause shall be substituted, namely:-

"(ii) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the aggregate of anonymous donations received.".'.

42

35.

Page 22, for line 37 to 40, substitute-

Amendment of section 246A. "71. In section (I), with effect from the 1st day of October, 2009,-

(i) in clause (a), for the words brackets and figures "under sub-section (3) of section 143", the words, brackets and figures "under sub. section (3) of section 143 except an order passed in pursuance of directions of the Dispute Resolution Panel" shall be substituted.

(ii) in clause (b) after the words and figures "under section 147", the words "except an order passed in pursuance of directions of the Dispute Resolution Panel" shall be inserted.".

71

36.

Page 22, for line 41 substitute-

Amendment of section 253. '72. In section 253 of the income-tax Act, in sub-section (I) with effect from the 1st day of October, 2009,-

(a) in clause (c) for the words, figures and letter "Director under section 272A.", the words, figures and letter "Director under section 272A; or" shall be substituted;

(b) after clause (c), the following clause shall be inserted, namely.-'

72

37.

Page 23, omit line 1.

72

38.

Page 23, for line 2, substitute -

"(d) an order passed by an Assessing Officer under sub-section (3) of section 143 or section 147 in pursuance".

72

39.

Page 24, for lines 17 and 18, substitute-

Power to withdraw approval. "293C. Where the Central Government or the Board or an income-tax authority, who has been conferred upon the power under any provision of this Act to grant any approval to any assessee, the Central Government or the Board or such authority may; notwithstanding,"

78

40.

Page 24, line 21, for "income-tax authority", substitute "Central Government or Board or income-tax authority.".

78

P.D.T. ACHARY
Secretary-General

Dated : July 24, 2009Srawana 2, 1931 (Saka)

List No 4

LOK SABHA
FINANCE (NO.2) BILL, 2009
(As introduced in Lok Sabha)
Notice of Motion under Rule 388

SHRI PRANAB MUKHERJEE:

Sl. No

Name of Member and Text of Motion

Clause No

41.

"That this House do suspend clause (i) of rule 80 of Rules of Procedure and conduct of Business in Lok Sabha in so far as it requires that an amendment shall be within the scope of the Bill and relevant to the subject matter of the clause to which it relates, in its application to the Government amendment No. 33 to the Finance (No.2) Bill, 2009 and that this amendment may be allowed to be moved."

37A (New)

Vide Amendment list No. 3 circulated on 24.7.2009.

New Delhi;
Dated : July 24, 2009

P D T Achary,
Secretary-General.

Monday, July 27, 2009

Clarifications on SEBI (Prohibition of Insider Trading) Regulations, 1992 - Press Release, dated 24-7-2009

Clarifications on SEBI (Prohibition of Insider Trading) Regulations, 1992 - Press Release, dated 24-7-2009

Thursday, July 23, 2009

Amendments to the Equity Listing Agreement

Amendments to the Equity Listing Agreement: "Amendments to the Equity Listing Agreement

Circular No. CFD/DIL/LA/2/2009/21/7, dated 21-7-2009


1. It has been decided to amend the Equity Listing Agreement to prohibit listed companies from issuing shares with superior rights as to voting or dividend vis-à-vis the rights on equity shares that are already listed. Accordingly, this circular is issued, in exercise of powers conferred by sub-section (1) of Section 11 of the Securities and Exchange Board of India Act, 1992, to protect the interest of investors in securities and to promote the development of, and to regulate the securities market.

2. The full text of the amendment is given at Annexure A.

3. All Stock exchanges are advised to :

(a) give effect to the above mentioned policy amendments and appropriately amend the relevant Clauses of the Equity Listing Agreement in line with the text of the amendment specified in Annexure A.

(b) communicate to SEBI the status of implementation of the requirements of this circular in the next Monthly Development Report.

4. Applicability

The amendment as specified in Annexure A shall come into force with immediate effect.

5. This circular is available on SEBI website at www.sebi.gov.in under the categories “Legal Framework” and “Issues and Listing”.


Annexure A

1. After clause 28, the following clause shall be inserted, namely:-

28A. The company agrees that it shall not issue shares in any manner which may confer on any person, superior rights as to voting or dividend vis-à-vis the rights on equity shares that are already listed."

Tuesday, July 21, 2009

Thursday, July 16, 2009

Amendments to SEBI (Disclosure and Investor Protection) Guidelines, 2000

Amendments to SEBI (Disclosure and Investor Protection) Guidelines, 2000. Circular No. CFD/DIL/DIP/36/2009/09/07, dated 9-7-2009.

Guidelines regarding the transactions related to SEZs consequent upon amendment to Section 3 of the Indian Stamp Act 1899

Guidelines regarding the transactions related to SEZs consequent upon amendment to Section 3 of the Indian Stamp Act 1899

Friday, July 10, 2009

Rates of Income Tax

[English]
Click the link above for schedule I to the finance bill for the rates of income tax.

Thursday, July 09, 2009

Memorandum explaining provisions of finance bill, 2009

Click the above link for Memorandum explaining provisions of finance bill, 2009

Finance Bill, 2009

Click the above Link for finance (no. 2) bill, 2009

Thursday, July 02, 2009

Maharashtra Budget

Click the above link for amendmend of various state laws of maharashtra government.

Wednesday, July 01, 2009

Furnishing of ITR-V

Furnishing of ITR-V: "Furnishing of ITR-V

Press Release


Please furnish the Form ITR-V to the Income-tax, Department, CPC, Post Bag No. 1, Electronic City Post Office, Bangalore - 560100, Karnataka By ordinary post only within thirty days after the date of transmitting the data electronically.

ITR-V sent by Speedpost, Registered Post or Courier will not be accepted.

No Form ITR-V shall be received in any other office of the Income-tax Department or in any other manner."

Export of Goods and Software - Realisation and Repatriation of export Proceeds - Liberalisation

Export of Goods and Software - Realisation and Repatriation of export Proceeds - Liberalisation: "Export of Goods and Software - Realisation and Repatriation of export Proceeds - Liberalisation

A.P. (DIR Series) Circular No. 70, dated 30-6-2009


Attention of Authorised Dealer Category-I (AD Category-I) banks is invited to A.P.(DIR Series) Circular No.50 dated June 5, 2008, enhancing the period of realisation and repatriation to India of the amount representing the full export value of goods or software exported, from six months to twelve months from the date of export, subject to review after one year.

2. The issue has since been reviewed and it has been decided in consultation with Government of India to extend the above relaxation for a further period of one year i.e. up to June 30, 2010, subject to review.

3. The provisions in regard to period of realisation and repatriation to India of the full export value of goods or software exported by a unit situated in Special Economic Zone (SEZ) as well as exports made to warehouses established outside India remains unchanged.

4. AD Category - I banks may bring the contents of this circular to the notice of their constituents and customers concerned.

5. The Directions contained in this circular have been issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act (FEMA), 1999 (42 of 1999) and are without prejudice to permissions / approvals, if any, required under any other law."

Clarification regarding deduction under section 80-IB(10) in respect of undertakings developing building and housing projects

Clarification regarding deduction under section 80-IB(10) in respect of undertakings developing building and housing projects: "Clarification regarding deduction under section 80-IB(10) in respect of undertakings developing building and housing projects

Instruction No. 4/2009, dated 30-6-2009

Under sub-section (10) of section 80-IB an undertaking developing and building housing projects is allowed a deduction of 100% of its profits derived from such projects if it commenced the project on or after 1.10.1998 and completes the construction within four years from the financial year in which the housing project is approved by the local authority.
2. Clarifications have been sought by various CCsIT on the issue whether the deduction u/s 80-IB(10) would be available on a year to year basis where an assessee is showing profit on partial completion or if it would be available only in the year of completion of the project u/s 80-IB(10).
3. The above issue has been considered by the Board and it is clarified as under:-
(a) The deduction can be claimed on a year to year basis where the assessee is showing profit from partial completion of the project in every year.
(b) In case it is late, found that the condition of completing the project within the specified time limit of 4 years as started in section 80-IB(10) has not been satisfied, the deduction granted to the assessee in the earlier years is should be withdrawn.
4. The above Instruction will override earlier clarififcation on this issue contained in Member(R)’s D.O. letter No. 58/Misc./2008/CIT(IT&CT) dated 29.04.2008 and Member (IT)’s D.O. letter No. 279/Misc./46/08-ITJ dated 2.5.2008.
5. This may kindly be brought to the notice to the notice of the all Assessing Officers in your charge."

New TDS Rules Implementation postponed - File return without UTN

Click the above linlk for press release on TDS rules postponment

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