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Archive: 17 May 2009

Posts in 17 May 2009

ICAI relaxes rule for appointment of internal auditors as tax auditors

May 17, 2009 1150 Views 0 comment Print

Accounting regulator ICAI today issued a clarification saying that internal auditors appointed as tax auditors can continue to do their work if their selection for the job took place before December 12 last year. The Institute of Chartered Accountants of India decided that with effect from December 12 last year internal auditors cannot be appointed […]

Principle of mutuality where the income of the mutual concern is the contributions received from its contributors

May 17, 2009 2197 Views 0 comment Print

8. Having heard the learned counsel Mr C.S. Aggarwal, Sr. Advocate for the assessee-company and Ms Prem Lata Bansal for the Revenue we are of the view that the judgment deserves to be sustained. The principle of mutuality as enunciated by the Courts in various cases is applicable to a situation where the income of the mutual concern is the contributions received from its contributors

High Court Interference would be justified only if it appears that the conclusions made by ITAT palpably perverse

May 17, 2009 997 Views 0 comment Print

4. At the outset, we need to underscore that so far as findings of fact are concerned interference of the High Court would be justified only if it appears to it that the conclusions arrived at by the ITAT are palpably perverse. 5. The entitlement of sundry parties to the receipt of commission essentially entails a determination

Concessional ticket to travel Agents cannot be termed as commission

May 17, 2009 1534 Views 0 comment Print

12. In order to come to a definite conclusion whether section 194H of the Act would be applicable to the assessee-airline in respect of transaction, in issue, we propose to first look at the scope and ambit of section 194H of the Act and then analyse the transaction as to whether it falls within the purview of the said Section. In this context, it would be necessary to extract the relevant portions of Section 194H of the Act.

Estimated expenditure towards warranty is allowable

May 17, 2009 451 Views 0 comment Print

The assessee sold valve actuators. At the time of sale, the assessee provided standard warranty that if the product was defective within the stated period, the product would be rectified or replaced free of charge. For AY 1991-92, the assessee made a provision for warranty at Rs.10,18,800 at the rate of 1.5% of the turnover. As the actual expenditure was only Rs. 5,18,554,

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