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Archive: 31 January 2009

Posts in 31 January 2009

Levy of service tax on educational institutions- regarding

January 31, 2009 6247 Views 0 comment Print

Circular No. 107/01/2009 – ST   New Delhi, dated 28th January 2009 F.No137/23/2007- CX.4 Government of India , Ministry of Finance , Department of Revenue , Central Board of Excise and Customs Subject: Levy of service tax on educational institutions- regarding Various educational institutions impart training and conduct courses in different fields. Many of these institutions […]

Income Tax Department ignored Raju's diversion of funds

January 31, 2009 582 Views 0 comment Print

The income-tax department appears to have turned a blind eye seven years ago to diversion of funds from Satyam to members of the Raju family. A deputy director of investigation in IT found fixed deposits worth Rs 19.5 crore in banks on which tax had not been deducted at source.

CBEC draws Supreme Court ire over faulty notices to tax defaulter

January 31, 2009 516 Views 0 comment Print

While the Central Board of Direct Taxes recently got a go -ahead from the Supreme Court for its showcause notice to Vodafone, the Central Board of Excise and Customs (CBEC) has displeased the apex court by providing insufficient details in its showcause notices sent to defaulting assessees. The Supreme Court has dismissed the case. Taking […]

Joint audits and inspections by the ICAI/DCA are critical if the system has to work

January 31, 2009 1083 Views 0 comment Print

The Satyam affair has shaken the country’s audit profession and regulatory authorities to its roots. Investors have suffered in a big way and Indian business has lost some of its sheen. Has there been a systemic failure or is Satyam just a big exception? Has the macro-structure of the audit procedure not evolved in a […]

Chargeability of interest income to tax when same is only technically accrued

January 31, 2009 3956 Views 0 comment Print

8. We have carefully deliberated on the rival contentions raised by the learned AR and DR. The controversy here revolves around chargeability of interest income to the tax which even though technically accrued as per the mercantile-system of accounting being followed by the assessee, but the same was not accounted for as income in view of the peculiar facts and circumstances of the case wherein there was

PROVISIONS OF SECTION 194H OF IT ACT WOULD NOT BE ATTRACTED ON DISCOUNTS GIVEN

January 31, 2009 715 Views 0 comment Print

6.We have considered the rival submissions. A perusal of the agreement entered into by the assessee to the concessionaires clearly shows that the concessionaires are duty bound to use the premises and the equipment as belonging to the assessee. The agreements also clearly show that the control over the shops is with the company. The tokens for the sale of the milk at the shops are to be purchased by the concessionaires

Why ICAI stays quiet on PwC?

January 31, 2009 324 Views 0 comment Print

PriceWaterhouse partners S Gopalakrishnan and Srinivas Talluri have been arrested in the Satyam scam but the Institute of Chartered Accountants of India (ICAI), citing lack of evidence, has taken no action yet. Well, is this regulator effective enough or a mere a rubber stamp for CAs?

CAs have given false certificates to evade taxes in India by NRI & Foreigners

January 31, 2009 846 Views 0 comment Print

After the Satyam scam, the role of chartered accountants (CAs) has come into focus again. This time the Income Tax (I-T) Department has found that CAs have given false certificates, enabling Non-Resident Indians (NRIs) and foreign nationals to evade taxes in India. The government agency has informed the Institute of  Chartered Accountants of India (ICAI), […]

Service Tax Circular on applicability of service tax on activities carried out by builders / promoters / developers

January 31, 2009 5774 Views 0 comment Print

Construction of building complexes, having more than twelve residential units is subject to service tax under the category of „Construction of Complex Services.? In the past, various views have been expressed on the applicability of the service tax in cases where an agreement of sale is entered into between the builder and the buyer of a unit in a residential complex, as mentioned below

Wake up call for Chartered Accountants

January 31, 2009 1136 Views 0 comment Print

Satyam’s Auditors Arrested – Who’s Next? Participate In Signature Campaign Now Based on confessions of fraud made by the promoters of Satyam and its CFO, the Andhra Pradesh Police arrested the two members of the Institute of Chartered Accountants of India, who signed the Audit Report and put them behind bars along with common criminals. […]

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