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Saturday 15 February 2014

Notification 03/2014, Service Tax

Posted by PARICHAY DHAR  
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11:29

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

Government of India
Ministry of Finance
(Department of Revenue)
***
Notification No. 03/2014-Service Tax


New Delhi, 3rd February, 2014

G.S.R….(E).- Whereas, the Central Government is satisfied that a practice was generally prevalent regarding levy of service tax (including non-levy thereof), under section 66 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as ‘the Finance Act’), on services provided by an authorised person or sub-broker to the member  of a recognised association or a registered association, in relation to a forward contract,  and that such services were liable to service tax under the Finance Act, which was not being levied according to the said practice during the period commencing from the 10th  day of September 2004 and ending with the 30th  day of June 2012;

            Now, therefore, in exercise of the powers conferred by section 11C of the Central Excise Act, 1944 (1 of 1944), read with section 83 of the Finance Act, the Central Government hereby directs that the service tax payable on the services provided by an authorised person or sub-broker to the member  of a recognised association or a registered association, in relation to a forward contract, shall not be required to be paid in respect of such taxable service on which the service tax was not being levied during the aforesaid period in accordance with the said practice.


[F. No. 354/131/2013 – TRU]


(Raj Kumar Digvijay)
Under Secretary to the Government of India


Old Pan Allotment Procedure shall be applicable till further orders.

Posted by PARICHAY DHAR  
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11:25

Government of India 
Ministry of Finance 
Department of Revenue 
Central Board of Direct Taxes 

Dated 30th January, 2013 

Press Release 

The CBDT has decided to keep in abeyance the decision to change the procedure for PAN allotment till further orders. Accordingly the operation of circular No. 11 dated 16.01.2014 issued to PAN service providers has been directed to be put on hold till further orders. In the meantime the old procedure of PAN application and allotment shall continue. 


(Rekha Shukla) 
Commissioner of Income Tax (M&TP) 
Official Spokesperson, CBDT 

Clarification regarding Sec 185 of The Companies Act, 2013, Section 372A shall be remain enforceable till Sec 185 is being notified.

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11:01

General Circular No 03/2014
No.01/12/2013-CL.V
Government of India
Ministry of Corporate Affairs
5th Floor,’ A’ Wing, Shastri Bhawan,
Dr. R.P. Road, New Delhi-110001.
Dated: 14/2/2014
To
All Regional Directors,
All Registrar of companies,
All Stakeholders.

Subject: Clarification with regard to Section 185 of the Companies Act, 2013.

Sir,

1. This Ministry has received number of representations on the applicability of Section 185 of the companies Act, 2013 with reference to loans made, guarantee given or security provided under Section 372A of the Companies Act, 1956. The issue has been examined with reference to applicability of Section 372A of the Companies Act, 1956 vis-a-vis Section 185 of the Companies Act. 2013. Section 372A of the Companies Act, 1956, specifically exempts any loans made, any guarantee given or security provided or any investment made by a holding company to its wholly owned subsidiary.Whereas Section 185 of the companies Act, 2013 prohibits guarantee given or any security provided by a holding company respect of any loan taken by its subsidiary company except in the ordinary course of business.

2. In order to maintain harmony with regard to applicability of Section 372A of the companies Act, 1956 till the same is repealed and Section 185 of the Companies Act, 2013 is notified, it is hereby clarified that any guarantee given or security provided by a holding company in respect of loans made by a bank or financial institution to its subsidiary company, exemption as provided in clause (d) of sub-section (8) of section 372A of the companies Act, 1956 shall be applicable till section 186 of the Companies Act, 2013 is notified. This clarification will, however, be applicable to cases where loans so obtained are exclusively utilized by the subsidiary for its principal business activities,
Yours faithfully,
(K.M.S.Narayanan)
Assistant Director (Policy)
Phone No. 23387263

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