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Archive: December, 2009

Posts in December, 2009

GST unlikely to be introduced on April 1, 2010 as Constitutional amendment may take another five months

December 15, 2009 922 Views 0 comment Print

In spite of the optimism shown by Asim Dasgupta, chairman of the empowered committee of state finance ministers, the much-anticipated goods and services tax (GST) is unlikely to be introduced on April 1, 2010. The process of Constitutional amendment to bring the new indirect tax legislation may take another five months. “It will take 5-6 months for the amendment and everything else to fall in place. Besides, wecannot start work on things like IT infrastructure as long as a final GST structure is not there,” a highly-placed government official said.

Date for Completion of CPE Hours for the Calendar year 2009 extended

December 15, 2009 477 Views 0 comment Print

Announcement regarding extension of date for completion of the mandated CPE hours requirements for the calendar year 2009 in respect of structured learning, for members holding certificate of practice:

ICWAI decided to increase cost accounting standards significantly within the next one year

December 15, 2009 660 Views 0 comment Print

Issue of Cost Accounting Standards (CAS) is a pioneering initiative by the Institute of Cost and Works Accountants of India. The first CAS (CAS-1) was issued by the institute in the year 2002. The Preface to CostAccounting Standards issued by the institute has set out the following objectives to be achieved through CAS: to provide better guidelines on standard cost accounting practices; to assist cost accountants in preparation of uniform cost statements; to provide guidelines to bring standard approach towards maintenance of cost accounting records under various statutes; to assist the management to follow the standard cost accounting practices in the matter of compliance with statutory obligations; and to help Indian industry and the government towards better cost management.

Even capital profits have to be added to “book profits” for S.115JB

December 15, 2009 990 Views 0 comment Print

The assessee earned a capital profit of Rs. 10.38 crores on sale of rights to immovable property. The said profit was directly credited to the capital reserves in the balance sheet instead of being routed through the Profit & loss account. The accounts of the assessee company were duly certified by the auditors and were also adopted in the AGM. The audited accounts were filed with ROC. In the computation of “book profits” for s. 115JB, the said capital profits were not included.

Regarding anti dumping duty on Phosphoric Acid of all grades and all concentration originating in, or exported from, Korea RP

December 15, 2009 589 Views 0 comment Print

For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act 1962, (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

List of terrorist individuals/organisations – under UNSCR 1267(1999) and 1822 (2008) on Taliban/Al-Qaida Organisation

December 15, 2009 1272 Views 0 comment Print

State and Central Co-operative Banks are required to update the consolidated list of individuals/entities as circulated by Reserve Bank and before opening any new account, it should be ensured that the name/s of the proposed customer does not appear in the list. Further, banks should scan all existing accounts to ensure that no account is held by or linked to any of the entities or individuals included in the list.

Modifications in the existing SEBI circulars for Mutual Funds

December 15, 2009 1761 Views 0 comment Print

In terms of the provisions of Securities and Exchange Board of India Act, 1992, read with the provisions of the SEBI (Mutual Funds) Regulations, 1996, SEBI has issued various guidelines/circular s from time to time for compliance by Mutual Funds and AMCs, the first such circular being issued in 1993.

Scrutiny Assessment under the Income-tax Act with Special reference to Annual Information Returns

December 14, 2009 8048 Views 1 comment Print

The scrutiny of returns had been a regular measure to check tax evasion since long. The collection of information for the purpose of making enquiries in the course of such scrutiny assessments is as much important as the assessment proceedings itself. There are various provisions in the Income-tax Act, 1961 for the purpose of collecting information directly from the assessees as also from the others for the purposes of making such enquiries at various stages of assessment proceedings. The findings of such enquiries are utilized for the purposes of completing the assessment proceedings in the case of a particular assessee.

High-pitched assessments u/s. 147/143(3) of the Income-tax Act – Some remedies

December 14, 2009 6156 Views 0 comment Print

After the judgment of the Supreme Court in the case of ACIT vs. Rajesh Jhaveri Stock Brokers (P) Ltd. delivered on 23-5-2007 and reported at (2007) 291 ITR 500 (SC), a large number of actions are being initiated u/s. 147/148 of the Income-tax Act, 1961 (‘the Act’ for short) and often high-pitched Income tax assessments are being made at several places.

Essays on Tax Planning – Res Judicata

December 14, 2009 885 Views 0 comment Print

Tax Planning :- Tax planning as a concept had at a point of time suffered degradation and for a while seemed to be a euphemism for tax evasion. This was the fall-out of some observations in McDowell’s case, [154 ITR 148 (SC)] especially in the separate opinion of Justice Chinnappa Reddy. But the libel did not stay too long. Sabyasachi Mukherjee, Justice of the Supreme Court salvaged its respectability by observing tax avoidance by genuine transactions is not evil.

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