Tuesday, November 9, 2010

Fwd: TaxGuru.in : Legal & Tax Updates



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From: LEGAL & FINANCIAL UPDATES FROM TAX GURU <info@taxguru.in>
Date: Mon, Nov 8, 2010 at 11:36 PM
Subject: TaxGuru.in : Legal & Tax Updates
To: palashbiswaskl@gmail.com


TaxGuru.in : Legal & Tax Updates

Link to LEGAL & FINANCIAL  UPDATES FROM TAX GURU

Procedure And Instructions For E- Services Enrolment Registration For Profession Tax RC Holders PTRC

Posted: 06 Nov 2010 11:14 AM PDT


Sub Procedure and instructions for E- Services enrolment Registration for Profession Tax RC holders PTRC nbsp E-services initiative of the Sales Tax Department especially of e-return...

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Tax Payer Could Be Hit By Big IT Backlog - More Delay Likely In Issue Of IT Refund

Posted: 06 Nov 2010 11:10 AM PDT


At a time when direct tax collections increased 19 the tax department has failed to adhere to its own compliance when it comes to tax refunds of salaried employees with the backlog of 2007-08...

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CA Arrested For Rs 65 Lakh Fraud

Posted: 06 Nov 2010 11:05 AM PDT


A chartered accountant was arrested by the Bandra police for allegedly cheating a family of Rs 65 lakh The accused Gopal Naik 56 had taken the money from Bandra resident Jude Soares after...

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New Company Bill To Give More Power To RoC

Posted: 06 Nov 2010 11:03 AM PDT


The new Companies Bill is likely to give more powers to the Registrar of Companies RoC to monitor the end use of initial public offer IPO funds a move that would require a 10-fold increase...

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Super Built-up Area Gets New Nomenclature

Posted: 06 Nov 2010 10:56 AM PDT


Mumbai The super built-up area has now been given a new nomenclature useable area While earlier a builder would present the entire area of a flat to a consumer now he sells an apartment by...

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IFRS To Come Into Effect From April 1

Posted: 06 Nov 2010 10:41 AM PDT


THE government is on track to implement International Financial Reporting Standards IFRS from April 1 next year corporate affairs minister Salman Khurshid said The committee of...

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Reopening Under Section 147 On Mechanical Basis Void Even Where S 143 3 Assessment Not Made

Posted: 06 Nov 2010 07:16 AM PDT


The assessee-company allotted shares to four companies The allottee companies were active as per the records of the ROC and were allotted PAN and assessed to income-tax Though the assessee...

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Ireo Under I-T Probe For FDI Norms Violation

Posted: 06 Nov 2010 06:52 AM PDT


The Income Tax department is probing the source of investments in the real estate firm Ireo for alleged violations of FDI norms and evasion of taxes in bringing a whopping Rs8 000 cr through tax...

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CWG Probe Panel Head Gets Status Of Supreme Court Judge

Posted: 06 Nov 2010 06:51 AM PDT


In a move aimed at giving more teeth to the probe the Centre has conferred the status of a Supreme Court judge on V K Shunglu head of the high-level committee to go into the alleged financial...

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Monetary Tightening To Hurt Growth - Pranab Mukherjee

Posted: 06 Nov 2010 06:49 AM PDT


The Reserve Bank s decision to tighten the monetary policy will have a negative impact on the growth rate finance minister Pranab Mukherjee said after the central bank raised the repo and reverse...

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Sale Of Esops Shares Can Be Taxing

Posted: 06 Nov 2010 06:47 AM PDT


Employee stock option plans or Esops are touted as one of the best tools to create long-term wealth These are the shares an employee gets of his her employer at a discounted rate to the current...

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Income Tax Raids On Biz Premises Of Seven Karnataka MLAs

Posted: 06 Nov 2010 06:43 AM PDT


Income Tax officials on Monday conducted raids at around 60 places in Karnataka targeting seven ruling BJP MLAs including ministers G Janardhana Reddy and G Karunakara Reddy nbsp IT raids were...

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We Are Answerable Only To Parliament Says CAG

Posted: 06 Nov 2010 06:41 AM PDT


Comptroller and auditor general CAG Vinod Rai has for the first time gone on record saying his Commonwealth Games audit will be an independent exercise and that there will be no coordination...

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Government Panel To Fix Audit Standards

Posted: 06 Nov 2010 06:39 AM PDT


The government has rejected Institute of Chartered Accountants of India ICAI move to insulate its members from non-compliance and corporate frauds Ministry of corporate affairs MCA has...

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Central Vigilance Commissioner Likely To Summon Officials Related To CWG Scam

Posted: 06 Nov 2010 05:03 AM PDT


Irked by delay in response to queries raised by it the Central Vigilance Commissioner may summon officials of Union and State governments in connection with alleged financial irregularities in...

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SOME VIEWS ON SECURITY FOR REGISTRATION UNDER PUNJAB VAT ACT 2005

Posted: 08 Nov 2010 01:28 PM PST


For registration under the Punjab VAT Act 2005 one of the requirement u s 25 1 is furnishing of security for securing the payment of tax under PVAT Act 2005 This requirement is compulsory as per...

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Revision Of Inventory Provision In The Subsequent Year- Prior Period Item

Posted: 06 Nov 2010 01:03 PM PDT


Query-ABC Limited company has written off nbsp Rs 5 00 000 as provision for inventory obsolescence in the year ended 31 March 2009 During the year ended 31 March 2010 XYZ determines that 50 of...

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Accounting For A Share Issue Expense Incurred By A Subsidiary In A Right Issue

Posted: 06 Nov 2010 12:55 PM PDT


Query- nbsp A wholly owned subsidiary WOS issues shares in a right issue to its parent The subsidiary incurs an expense of Rs 1 000 000 on the issue of shares In the financial statements of...

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Shopping With Credit Cards Makes Diwali Cheerful

Posted: 04 Nov 2010 12:02 AM PDT


Dr Sanjiv Agarwal It is festive season once again with diwali shopping on throughout the country This time festivities have started much early and the mood of all buyers and businessmen- all...

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Removal Of Directors And The Litigation

Posted: 01 Nov 2010 08:15 AM PDT


We all know the role of the Directors in any Company and Board is collectively involved in the day-to-day affairs of the Company Through segregation and delegation depending upon the size of the...

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FILING VAT RETURN Ver 1 2 2 How To Handle Uploading Errors

Posted: 01 Nov 2010 07:26 AM PDT


CA Lalit Munoyat FILING VAT RETURN Ver 1 2 2 How to handle uploading errors It is the time for e-filing your VAT Return My staff prepared Form no 231 using Excel-2007 and validated the file...

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The Role Of Directors Or Board Of Directors Bod In A Company

Posted: 01 Nov 2010 04:50 AM PDT


There were many judgements on the role of directors and the responsibility of directors Board of Directors in any Company In Private Limited Companies or the Public Companies the role and...

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Synopsis Of Recent Amendments In Provisions Of TDS

Posted: 29 Oct 2010 01:35 AM PDT


Background In a series of amendments Central Board of Direct Taxes CBDT has amended the provisions relating to Tax Deduction at Source TDS vide Finance Bill 2010 and vide Notification No ...

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Right Of Third Parties In A Proceeding Under Section 397 398 Of Companies Act 1956

Posted: 28 Oct 2010 06:57 AM PDT


I had to concentrate on an interesting legal issue in the recent past on section 397 398 of the Companies Act 1956 Though section 397 398 of the Companies Act 1956 is basically meant to...

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Issue Of Public Interest Under Section 397 398 Of Companies Act 1956

Posted: 26 Oct 2010 03:04 AM PDT


It is known that resolving the disputes between or among the shareholders in a closely held company is very difficult in the absence of any settlement between or among the parties Now a day ...

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Issuance Of Accreditation Certificate Is Not Technical Service As Per India-Australia Tax Treaty

Posted: 07 Nov 2010 01:45 PM PST


Issuance of accreditation certificate does not result in making available skills technical knowledge etc and therefore does not result in rendering technical services as per India-Australia Tax...

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Delhi Tribunal Rules On Aggregation Of Closely-linked Transactions And Characterisation Of Reimbursement Of Advertisement Expenses

Posted: 07 Nov 2010 01:39 PM PST


Recently the Delhi bench of the Income-tax Appellate Tribunal the Tribunal in the case of M s Panasonic India Pvt Ltd Vs Income Tax Officer 2010-TII-47-ITAT-DEL-TP has upheld the aggregation...

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Taxpayer Can Remit Monies Abroad Without Deduction Of Tax At Source If It Is Of The Opinion That The Remittance Is Wholly Exempt From Indian Tax

Posted: 07 Nov 2010 01:28 PM PST


Recently the Mumbai bench of the Income-tax Appellate Tribunal the Tribunal in the case of ACIT v Monitor India Pvt Ltd 2010-TII-138-ITAT-MUM-INTL Judgment date - 8 October 2010 Assessment...

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Consideration Paid To A Foreign Company For Operating And Maintaining A Power Plant Cannot Be Considered As Fees For Technical Services

Posted: 07 Nov 2010 10:11 AM PST


Recently the Delhi bench of the Income-tax Appellate Tribunal the Tribunal in the case of Rolls Royce Industrial Power Ltd v ACIT 2010-TII-139-ITAT-DEL-INTL Judgement date 5 October 2010...

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Payment Received By Taxpayer For Sale Of Shrink Wrapped Software Is Not Royalty Under Article 12 3 Of The India-USA Tax Treaty

Posted: 07 Nov 2010 10:07 AM PST


Recently the Mumbai bench of the Income-tax Appellate Tribunal the Tribunal in the case of ADIT v Solid Works Corporation 2010-TII-130-ITAT-MUM-INTL Judgment date 1 April 2010 Assessment Year...

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The Income From Offshore Supply Of Equipment On A CIF Basis Under A Composite Contract Is Not Taxable In India

Posted: 07 Nov 2010 10:03 AM PST


Recently the Delhi bench of the Income-tax Appellate Tribunal the Tribunal in the case of Technip Italy Spa v ACIT 2010-TII-133-ITAT-DEL-INTL after applying the decision of the Supreme Court in...

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Deduction U S 10B Cannot Be Disallowed On Ground Of Excess Profits When The International Transactions Are Held To Be At Arm S Length

Posted: 07 Nov 2010 09:57 AM PST


Deduction u s 10B cannot be disallowed on ground of excess profits when the international transactions are held to be at arm s length The Chennai Bench of Income Tax Appellate Tribunal in the...

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Money Lending Business Is Exception To Deemed Dividend Provisions

Posted: 06 Nov 2010 01:21 PM PDT


The issue before the HC relates to certain provisions in the Indian Tax Laws ITL that provide for taxability as dividend of certain advances or loans made by a company to another concern when the...

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Whether Cenvat Credit Admissible On Plant Housekeeping Factory Garden Maintenance Insurance And Tours And Travels Expenses

Posted: 06 Nov 2010 12:50 PM PDT


The assessee filed appeal to the Tribunal on denial of credit by lower authority on factory garden maintenance plant housekeeping services As regards insurance and tours and travels credit it was...

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Delhi ITAT Rules - Tax Payable On Import Of All Software In The Case Of Microsoft

Posted: 06 Nov 2010 03:11 AM PDT


TAX is payable on import of all software even if the sale does not involve exercise of copyright according to a Delhi tax tribunal order in a case relating to Microsoft While the order ...

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Allowability Of Cenvat Credit On Outdoor Catering Services Provided In The Factory For Employees Of The Factory

Posted: 06 Nov 2010 02:17 AM PDT


Bombay High Court held in above case that the assessee is entitled to avail Cenvat credit on outdoor catering services provided in the factory for employees Ratio of Maruti Suzuki judgment...

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HC Requests ITAT President To Make It Compulsory For Assessees To Amend Form 36 For Change Of Address Instead Of Merely Intimating Vide Letter

Posted: 06 Nov 2010 02:09 AM PDT


M s Jagjivandas Nandlal Co V s The Income Tax Appellate Tribunal Mumbai Bench G

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Supreme Court Approves Service Tax On Leasing Services

Posted: 06 Nov 2010 02:01 AM PDT


The service tax in the present case is neither on the material nor on sale It is on the activity of financing funding of equipment asset within the meaning of the words financial leasing services...

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Appointment Of Vice President Of The ITAT Is By Merit-based Selection And Not Seniority No Reservation For OBC

Posted: 06 Nov 2010 01:59 AM PDT


The appointment to the post of President and VP is by way of selection based on merit and not by way of promotion No reservation can apply where the appointment is not by way of direct recruitment ...

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Enforcement Of Statutory Measures Phytosanitary Requirement For Import Of Food Grains Before Release Of Consignments By The Customs Authorities

Posted: 06 Nov 2010 12:24 PM PDT


Circular No 41 2010-Customs 3rd November 2010 nbsp nbsp Subject nbsp Enforcement of statutory measures Phytosanitary requirement for import of food grains before release of...

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Notification No 94 2010 - Customs N T Dated 03 11 2010

Posted: 06 Nov 2010 12:18 PM PDT


Notification No 94 2010 - Customs N T New Delhi the 3rd November 2010 nbsp G S R E In exercise of the powers conferred by sub-section 1 of section 5 of the Customs Tariff...

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Amends Notification No 36 2001 - Customs N T Dated The 3rd August 2001 - Palm Oil Palmolein Soyabean Oil Crude And Brass Scrap All Grades - Traiff Values

Posted: 06 Nov 2010 12:14 PM PDT


Amends Notification No 36 2001 - Customs N T dated the 3rd August 2001 - Palm oil Palmolein Soyabean Oil Crude and Brass Scrap all grades - Traiff ValuesNotification No 92 2010 -...

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Exempts Crude Petroleum Oils And Oils Obtained From Bituminous Minerals When Imported Into India From Brunei Darussalam

Posted: 06 Nov 2010 12:09 PM PDT


Notification No 116 2010-Customs nbsp dated the 1st November 2010 nbsp G S R E - In exercise of the powers conferred by sub-section 1 of section 25 of the Customs Act 1962 52 of 1962 ...

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Notification No 115 2010-Cus Dated -01-11-2010- Amends Notification No 153 2009-Customs Dated The 31st December 2009

Posted: 06 Nov 2010 12:02 PM PDT


Notification No 115 2010-Customs New Delhi dated the 1st November 2010 G S R E - In exercise of the powers conferred by sub-section 1 of section 25 of the Customs Act 1962 52 of 1962...

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Custom Notification No 112 2010-Cus Dated -28-10-2010

Posted: 06 Nov 2010 11:51 AM PDT


Seeks to provide provisional assessment of import of Bus and Truck Radial Tyres exported by M s Weifang Huadong Rubber Co Ltd China PR Producer and M s Qingdao Autochem International Co ...

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Modification Of SION A-3559 Under Chemical Allied Products Group

Posted: 06 Nov 2010 08:30 AM PDT


Public Notice No 15 RE-2010 2009-2014 Dated the nbsp 3rd November 2010 nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp Subject Modification of SION A-3559 under...

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Amendment In Paragraph 4 21 And 4 23 On Enhancement In CIF FOB Values And Revalidation Of Advance Authorisations

Posted: 06 Nov 2010 08:18 AM PDT


Public Notice No 14 2009-2014 RE- 2010 The 2nd November 2010 Subject Amendment in paragraph 4 21 and 4 23 on enhancement in CIF FOB values and revalidation of advance authorisations In...

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Permission For Export Of 10 000 Tons Of Edible Oil In Branded Consumer Packs From 01 11 2010 To 31 10 2011

Posted: 06 Nov 2010 08:16 AM PDT


Notification nbsp No nbsp nbsp nbsp nbsp 09 nbsp nbsp nbsp RE-2010 2009-2014 nbsp New Delhi the nbsp nbsp nbsp nbsp 1st nbsp nbsp nbsp nbsp nbsp November 2010 nbsp...

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SEBI - Portfolio Managers Clarification On Minimum Investment Amount By Clients Performance Of Portfolio And Schemes

Posted: 04 Nov 2010 01:45 AM PDT


CIRCULAR NO IMD DF 16 2010 DATED 2-11-2010 1 Portfolio Managers are registered and regulated under the SEBI Portfolio Managers Regulations 1993 2 SEBI has come across lack of...

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SEBI - Code Of Conduct For Investor Associations IAs

Posted: 04 Nov 2010 01:42 AM PDT


Circular No OIAE IAD 01 2010 dated 1-11-2010 1 In consultation with SEBI recognised Investor Associations it has been decided that they shall abide by the enclosed code of conduct It has...

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Clarification Regarding Period Of Validity Of Approvals Issued Under Section 10 23C Iv V Vi Or Via And Section 80G 5 Of The Income-tax Act

Posted: 04 Nov 2010 01:38 AM PDT


Clarification regarding period of validity of approvals issued under section 10 23C iv v vi or via and section 80G 5 of the Income-tax ActSection 10 23C iv of the Income-tax Act 1961 -...

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Competition Commission Of India General Amendment Regulations 2010 - Amendment In Regulations 18 20 21 And 31

Posted: 04 Nov 2010 01:35 AM PDT


Competition Commission of India General Amendment Regulations 2010 - Amendment in regulations 18 20 21 and 31 nbsp Notification No L-3 2 Regln- Gen Amdt 2009-10 CCI dated 20-10-2010...

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Amendment In Form 1 And 32 Requires Director Subscriber To Tell About His Criminal Background

Posted: 04 Nov 2010 01:33 AM PDT


COMPANIES ACT RULES AMENDMENT RULES nbsp Companies Central Government s General Rules and Forms Third Amendment 2010 - Amendment in Annexure A nbsp Notification No G S...

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Guidelines For Development Of Special Economic Zones SEZs

Posted: 04 Nov 2010 12:19 AM PDT


Guidelines nbsp for Development of Special Economic Zones SEZs nbsp 1 BACKGROUND India was one of the first in Asia to recognize the effectiveness of the Export Processing Zone EPZ ...

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Income Tax Calculator For Financial Year 10-11 Assessment Year 2011-2012

Posted: 07 Nov 2010 01:16 AM PDT


Income Tax Calculator for financial year 2010-2011 and Assessment Year 2011-2012 It can prepare at a time the Income Tax Salary Statement Form -16 ITR- I

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Calculation For Exemption Of House Rent Allowances From Income Tax U S 10 13 A

Posted: 05 Nov 2010 10:20 PM PDT


Calculation for exemption of House Rent Allowances from Income Tax U S 10 13A

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Pension Calculation For West Bengal Govt Employees

Posted: 05 Nov 2010 04:53 AM PDT


Pension Calculation for West Bengal Govt employees

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New Promotional Fixation Calculation For W B Govt Employee Under Rule 11 Of New ROPA-09

Posted: 05 Nov 2010 04:51 AM PDT


New promotional Benefit Fixation calculation for W B Govt Employees Under Rule 11 as per New ROA-09

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Leave Salary Calculation For W B Govt Employees

Posted: 05 Nov 2010 04:48 AM PDT


Leave Salary Calculation for W B Govt employees

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Death Gratuity Calculation For W B Govt Employees

Posted: 05 Nov 2010 04:47 AM PDT


Calculation for Death Gratuity for W B Govt Employees

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Commuted Pension Calculation Of W B Govt Employees

Posted: 05 Nov 2010 04:46 AM PDT


Commuted Pension Calculation for West Bengal Govt employees only

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C A S Carrier Advancement Scheme Of W B Govt Employee Under Rule 11 Of New ROPA-09

Posted: 05 Nov 2010 04:45 AM PDT


C A S 8-16-25 Yrs Calculation for W B Govt employees after 5th Pay Commission ROPA-09 C A S for West Bengal Govt Employees Prepared by Pranab Banerjee Kalisthanpara Jiaganj Murshidabad West...

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Guidelines For Practice In Corporate Form

Posted: 03 Nov 2010 09:42 PM PDT


As per the existing Code of Ethics a member in practice is permitted generally to be a Director Simplicitor in any company and as such he is not required to obtain any specific permission in...

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Income Tax Calculation For All Govt Private Concern Employees For FY 2010-2011

Posted: 03 Nov 2010 05:22 AM PDT


All in One Income Tax Calculation for All Govt Employee Private Concern Employee for Financial year 2010-2011 and Assessment Year 2011-2012 This Calculation Sheet will prepared at a time your...

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All In One Income Tax Calculation For Only For W B Govt Employees For Financial Year 2010-2011 AY 2011-2012

Posted: 03 Nov 2010 05:16 AM PDT


All in One Income Tax Calculation for Only West Bengal Govt Employees for Financial year 2010-2011 and Assessment Year 2011-2012 This Calculation Sheet will prepared at a time your Salary Statement...

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All In One Income Tax Calculation For W B Govt Employees For Financial Yrar 2010-2011 Assessment Year 2011-2012

Posted: 01 Nov 2010 07:38 PM PDT


Easy to calculate the income tax for financial year 2010-2011 This Calculation sheet mainly prepared for West Bengal Govt Employees This calculation Sheet will prepare at a time the Salary Statement...

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All In One Income Tax Calculation For All Govt Employees And All Private Convern Employees For Financial Yrar 2010-2011 Assessment Year 2011-2012

Posted: 01 Nov 2010 07:35 PM PDT


This Calculation may help to all Govt employees and All Private Concern Employees for prepare their Income Tax Calculation which is most easy This Calculation Sheet prepared for the financial year...

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Modified Income Tax Calculation For Financial Year 2010-2011 For Govt Private Employees

Posted: 31 Oct 2010 09:20 PM PDT


Income Tax Calculation for Financial year 2010-2011 and assessment year 2011-2012 with Form 16 ITR-I Relief U s 89 1 arrears relief calculation

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Modified Income Tax Calculation For West Bengal Govt Employee For Fy 2010-2011 And AY 2011-2012

Posted: 31 Oct 2010 09:18 PM PDT


Easy Tax Calculation for West Bengal Govt Employee It can prepare Salary Statement Form 16 ITR-I Relief U s 89 1

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