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eMinds Legal Advocates & Solicitors

eMinds Legal is a Corporate Law Firm based in Gurgaon, India specializing in Corporate Legal, Corporate Secretarial and Compliance. The Firm comprises of a team of Corporate Lawyers and Company Secretaries with in-depth subject matter knowledge and participative industry experience of over 15 years.

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Articles by eMinds Legal

Stamp duty not payable in case of increase in Authorised Share Capital in Delhi

The Delhi High Court, in its recent judgment dated 21.04.2011,  has ordered that no Stamp duty can be levied on the increased amount of Authorised Share Capital. The Petitioner - M/s S.E. Investments questioned the authority and competence of the Registrar of Companies and  the Collector of Stamps- Govt. of National Capital Territory of Delhi to… Read More

Tag: Stamp duty in case of increase in Authorise share capital

Service Tax not applicable on fees for short-duration open programmes by IIM

The Indian Institutes of Management (IIM)  have won the fight for service tax exemption on fees generated by short-duration open enrolment Executive Programmes. The Central Board of Excise and Customs, a wing of the department of revenue under the finance ministry, has gone back on its decision to charge service tax on these programmes. In… Read More

Conditions and Modalities for registration of contracts of Assam Comilla Cotton with DGFT

Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade Udyog Bhavan, New Delhi. Policy Circular No. 29(RE-2010)/2009-14   Dated the  19th April, 2011 (Issued from F.No 01/91/180/1194/AM10/Export Cell) To All Customs Authorities / All Regional Authorities / Members of Trade.   Subject:-  Conditions and modalities for registration of contracts of Assam Comilla Cotton  with DGFT. As per Notification… Read More

EOUs shipments post 1.01.2011 require ‘declaration of Indent’ for claiming Chapter 3 benefits of Foreign Trade Policy

Government of India Department of Commerce Directorate General of Foreign Trade Udyog Bhavan, New Delhi-110011 Policy Circular No. 28 (RE-2010)/2009-14                                     Dated: 15   April, 2011 (Issued from F. No.01/91/180/1582/AM10/PC3)   To All Regional Authorities FIEO and All EPCs   Subject:-         Clarification about requirement of Declaration of Intent for EOU shipping bills for claiming Chapter 3 scheme benefits. 1.         Para 3.11.8 of… Read More

CBI official says Satyam investigation almost complete

The investigation into the over Rs 7,136-crore Satyam Computer Services financial fraud by the Central Bureau of Investigation is almost complete. The investigating agency had filed three charge-sheets in the case so far with a host of charges on the key accused Mr B. Ramalinga Raju, founder and former chairman of Hyderabad-based Satyam Computer, his… Read More

Silver shinning better than Gold

Silver seems to be shinning better than gold these days.  It continues to rise to new highs, almost on a daily basis, and touched Rs70,000 a kg in India on Friday. Experts have failed to understand where the white metal is heading towards. During the last one year, silver price has unexpectedly increased by 149% or 2.5… Read More

Applicable Income Tax Returns Forms for Assessment Year 2011-12 -Notified by CBDT

  The Central Board of Direct Taxes has notified new Income Tax Return Forms for the Financial Year 2010-11 and Assessment Year 2011-12.  The new return forms has been made effective vide Notification No. 18/2011 dated 5-4-2011 and the same shall be applicable from 1st April 2011. For simplicity, the summary of applicable forms applicable to a respective… Read More

Tags: Income tax return formsIncome Tax Return Forms for Assessment Year 2011-12Income tax return forms for financial year 2010-11ITR FormsITR forms for Assessment Year 2011-12ITR forms for financial year 2010-11ITR-1ITR-2ITR-3ITR-4ITR-5ITR-6ITR-7ITR-VNOTIFICATION NO. 18/2011sahajsugamSugam ITR-4

Sebi mulls cash sops for traders

The Securities and Exchange Board of India  will allow stock exchanges to infuse liquidity into their futures and options (F&O) segments by a liquidity enhancement mechanism. The guidelines would be applicable only for the equity derivative segment of stock exchanges and not cover interest rate derivatives and currency futures . The proposal under consideration includes… Read More

Sole transaction in shares liable for Capital Gains – ITAT

Nagindas P. Sheth (HUF), Mumbai; (2) ACIT, Mumbai vs (1) ACIT, Mumbai; (2) Nagindas P. Sheth (HUF), Mumbai CLR View: ITAT has held that the Sole transaction in shares liable for Capital Gains  and will not be liable to be taxed under Business and Profession. INCOME TAX APPELLATE TRIBUNAL, 05 Apr 2011 Capital Gains -Assessee (HUF) earned… Read More

Tags: Capital Gaintax on sale of shares

Bombay High Court held that Section 43(5) has prospective effect from 1.4.2006

Commissioner of Income-tax, Mumbai vs Bharat R. Ruia (HUF), Phoenix Mills Premises, Mumbai [BOMBAY HIGH COURT, 18 Apr 2011] Assessee (HUF), engaged in the business of trading in shares and securities, entered into certain derivative transactions which resulted in loss amounting to Rs. 28,37,707/- - Assessee claimed said loss as business loss - Assessing Officer… Read More

No penalty to be paid by the Asseessee u/s 271 for additions made by AO

Nayan Builders and Developers Private Limited vs Income Tax Officer [INCOME TAX APPELLATE TRIBUNAL, 18 Apr 2011] Assessing Officer made addition in return of assessee in respect of 3 items and levied penalty u/s 271(1)(c) of the Act on assessee - On appeal, Commissioner upheld the order of the AO - Tribunal also upheld said… Read More

Instrument used in Research Laboratories are not entitled for exemption under CST

Commissioner of Trade Tax, U.P. Appellant versus M/s. Kartos International Etc. Respondent Decision Date- 6 April, 2011 UP Trade Tax Act, 1948 ” Central Sales Tax Act, 1956 ” exemption from payment of tax ” whether scientific and biological instruments/equipments manufactured and sold by the respondent/assessee would be entitled to get exemption from payment of… Read More

Tag: CST

Ways and Means (WMA) Limits fixed for the FY 2011-12

Press Release : 2010-2011/1542 CLR Note:- The Reserve Bank of India has been decided with the Government that the Ways and Means Advance limits will changed and interest rate will also changed. It has been decided in consultation with the Government of India that the limits for Ways and Means Advances (WMA) for the financial… Read More

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