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Archive: February, 2009

Posts in February, 2009

Computation of profit in case of construction contracts

February 18, 2009 1327 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 1121 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 850 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 3732 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 559 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 459 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 663 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 […]

Price Waterhouse heads for a disgraceful exit at SATYAM

February 18, 2009 546 Views 0 comment Print

Tainted Satyam auditor Price Waterhouse heads for a disgraceful exit as the new board of the IT Company is believed to have initiated steps to remove the auditor midway. Sources said the new board will approach the central government with this proposal and then take it up with the company’s shareholders.

Revised Eligibility for appearing in Campus Placement Programme to be held in March-April 2009

February 18, 2009 663 Views 0 comment Print

The candidates who fulfil the following criteria are eligible to appear in the Campus Placement Programme to be held in March-April 2009: (i) who have qualified in CA final examination held in November 2008, subject to completion of their Articleship and GMCS Course latest by 31st March, 2009 and also undertaking to become member of […]

Public Notice No. 148 (RE-2008)/2004-2009, Dated: 17.02.2009

February 17, 2009 283 Views 0 comment Print

Consequently, export of cricket helmets (covered under ITC (HS) Code 650610) and gloves, mittens and mitts, specially designed for use in sports (covered under ITC(HS) Code 420321) will be entitled for Focus Product Scheme benefits on exports made w.e.f 1.4.2008.

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