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Archive: 18 February 2009

Posts in 18 February 2009

Requirement of PHA release order for import of raw cashewnuts -exemption thereof

February 18, 2009 367 Views 0 comment Print

Ministry of Health & Family Welfare will seek the opinion of the Technical Committee in their Ministry on the issue whether raw cashew nut is an edible item covered under PFA Act or not. For the interim period, till the report of the Technical Committee is received, import consignment of raw cashew nut shall be released by customs authorities without insisting for a customs bond for re-processing as provided in Clause (1) of Section 143 of the Customs Act, 1962.

New procedure for filing of appeals with ITAT to speed up hearing

February 18, 2009 1514 Views 0 comment Print

With a view to make appeals process-compliant and to ensure acceleration in the process of dispensation of justice, the Income-tax Appellate Tribunal (the Tribunal)1 has proposed to devise a new system for appeal filing and fixation.

ICAI Suggesion on : Representations made to various authorities by individual members

February 18, 2009 309 Views 0 comment Print

The President ICAI requested not to send representation by individual member, instead send it to the Representation to “Representation Committee” at council, the details of which are as follows;

Computation of profit in case of construction contracts

February 18, 2009 1111 Views 0 comment Print

13.5 That in the case of running contracts, no income, profits or gains can in fact be computed unless the contract is completed and if the contract is completed in a period of more than a year, the crucial time for calculating the income, profits and gains arrives only when the entire contract is completed in other words, argument was that the only method by which the gains or profits of the assessee could be determined was to wait until

No Permanent Establishment if only personnel supplied

February 18, 2009 959 Views 0 comment Print

Where a Malaysian company supplied technical personnel to the assessee (a Dutch company) on terms that the personnel would remain under the control of the assessee and that the Malaysian company would have no role to play in the execution of the Project and the question arose whether the recipient had a “supervisory activities” PE under Article 5 (4) (a) and the sums received was assessable as business profits

Premises of a CA cannot be surveyed and clients’ books cannot be impounded

February 18, 2009 628 Views 0 comment Print

Where the ITO conducted a survey u/s 133A of the Act on the premises of the Petitioner, a practicing Chartered Accountant, and impounded books of account /documents belonging to the Petitioner and retained such books of account/documents and the Petitioner filed a Writ Petition to challenge the same, HELD, allowing the Petition:

Applicability of section 50C of IT Act in case consideration declared by assessee is accepted by Stamp Valuation Authority

February 18, 2009 3417 Views 0 comment Print

“50C Special provision for full value of consideration in certain cases – (1) Where the consideration received or accruing as a result of the transfer by an assessee of a capital asset, being land or building or both, is less than the value adopted or assessed by any authority of a State Government (hereinafter in this section referred to as the `Stamp Valuation authority’ for the purpose of payment of stamp duty in respect of such transfer

Amount received under non-competing agreement–Held, Capital Receipt

February 18, 2009 343 Views 0 comment Print

15. As a general proposition, it can be said that the payment for impairment of income earning apparatus, sterilization of a source of income would generally fall in the category of capital receipts. Compensation received for undertaking restrictive covenants of not competing with the business also generally fall in the category of capital receipts. The exception being a case, where such covenants are normal incident of carrying on business

Extract of the Meeting held with RBI on Empanelment Issue : ICAI

February 18, 2009 273 Views 0 comment Print

CA. Uttam P. Agarwal, President, CA. Amarjit Chopra, Vice-President and CA. Anuj Goyal, Chairman, PDC along with other representatives of ICAI had an interaction with Shri P.S. Sharma, General Manager and Shri S. Ramachandran, Dy. General Manager, Department of Banking Supervision, Reserve Bank of India on 9th February, 2009. The major issue was managerial autonomy […]

Aishwarya Rai seeks I-T exemption, dept says no

February 18, 2009 507 Views 0 comment Print

Does an Indian actor’s endorsement or promotion of a product abroad amount to acting and should it get him or her exemption under the Income Tax (I-T) Act? Though the I-T department says no, actress Aishwarya Rai’s chartered accountants are claiming the opposite. In fact, they secured an adjournment at the tax appellate tribunal recently […]

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