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Archive: May, 2009

Posts in May, 2009

AAR on tax liability of a partnership firm to be formed in Canada by a Canadian company for executing its PSCs in India

May 24, 2009 2328 Views 0 comment Print

10.1 It is the common stand of both – the applicant and the Revenue, that the nature of income arising from the transfer of the applicant’s participating interest in Amguri block to the proposed partnership firm, shall be capital gains. Where they differ is regarding the mode of computation of that income. Whereas the applicant submits that sub-section( 3) of section 45 of the Act provides a particular mode

Determination of residential status of Assessee not resident in India in 9 out of 10 previous years

May 24, 2009 5048 Views 0 comment Print

15.2 On a careful reading of section 6(1) alongwith the circular cited above we are of the considered opinion that where the individual is resident in the previous year, but was not a resident in India in 9 out of 10 previous years preceding the year or was in India for a total period of 730 days or more in seven previous years then his residential status will be that of resident but not ordinarily resident

Year of taxability on transfer of lease hold rights of immovable property

May 24, 2009 2720 Views 0 comment Print

21. In view of the above submissions of the assessee and in view of the fact that M/s.Sky Blue Trading & Investment Pvt. Ltd. is sister concern of the assessee, we find no merit in the contentions of the assessee that the transaction between the assessee and M/s.Sky Blue Trading & Investment Pvt. Ltd. fell through because of the non-compliance of the conditions stipulated in the Memorandum of Understanding

Interest to Partners is allowable even if there is no book profit

May 24, 2009 11445 Views 0 comment Print

10. The core of controversy in this appeal is against the deductibility or otherwise of an interest of Rs. 6,50,236 allowed to the partners which was claimed as deduction. The case of the Assessing Officer is that no deduction on account of interest to partners can be allowed. The learned D. R. submitted that the rental income of Rs. 16.70 lakhs was rightly held to be taxable under the head `Income from other sources’

A.O. must have some definite evidence to refuse the assessee’s claim or evidence or explanation

May 23, 2009 901 Views 0 comment Print

6.6 There cannot be a straight jacket formula for detection of these defaults of concealment or of furnishing inaccurate particulars of income and indeed concealment of particulars of income and in accurate particulars of income may at times overlap. It depends upon the facts of the each case. In the assessment proceedings the ITO while ascertaining the total income chargeable to tax would be in a position to detect the specific

When a resident can be treated as an agent of a non-resident u/s 163 of IT Act, 1961

May 23, 2009 5772 Views 0 comment Print

Any person from or through whom the non-resident is in receipt of any income directly or indirectly can be treated as an agent of the non-resident; the sole requirement of section 163(1)(c) is that only the non-resident should receive income directly or indirectly from or through the person of India.

Empanelment of faculty members for training CA students

May 23, 2009 1062 Views 0 comment Print

  Empanelment of faculty members for training CA students for the Examination The Board of Studies invites applications from faculty members for associating themselves with training of CA students for the examination. Such training would be organized by the Regional Councils and Branches of the ICAI. Interested persons are requested to submit the particulars in […]

CA students can download Admit card online

May 23, 2009 714 Views 0 comment Print

ICAI have introduced the facility for C.A. Final students , C.A. PCE-II Students & CA PCE students  appearing in June 2009 examination. For getting the same student need to enter either there Old/New Registration No. or there Bar Code with PIN. Link to Download the same is follows:- Download Admit card online http://icai.nic.in/admit.php All the best […]

Govt ask RBI to continue appointing auditors for PSU Banks

May 23, 2009 423 Views 0 comment Print

The government has turned down a proposal of the Reserve Bank of India (RBI) to allow public sector banks to select auditors independently. Last year, RBI had made the proposal to the finance ministry, which forwarded it to the Ministry of Corporate Affairs (MCA), the nodal body for auditors. The proposal was in line with […]

ICAI enter in MoU with University of Djbouti, Africa

May 23, 2009 573 Views 0 comment Print

ICAI Celebrates Africa Day The Institute of Chartered Accountants of India (ICAI) and Indo-African Chambers of Commerce and Industry celebrated Africa Day from 18-19 May, 2009 at Mumbai. Diplomats from various countries from African Continent congregated to formalize strategy for working towards the growth of the Africa. The diplomats applauded the endeavors of India for […]

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