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Archive: 2009

Posts in 2009

DEPB and Duty Drawback are not eligible for deduction u/s 80-IB

September 3, 2009 1718 Views 0 comment Print

(1) The Act broadly provides for two types of tax incentives, namely, investment linked incentives and profit linked incentives. Ch VI-A essentially belongs to the category of “profit linked incentives” (2) When ss. 80-IA/80-IB refer to profits derived from eligible business, it is not the ownership of that business which attracts the incentives but the generation of profits (operational profits)

ICAI presidents message to CA community on the XBRL, IFRS, Direct Tax Code, Satyam, Companies Bill, 2009 etc

September 3, 2009 609 Views 0 comment Print

Dear CA Pariwar, The enthusiasm of our members and students throughout the country in celebrating our Diamond Jubilee Year has indeed been overwhelming and I would also like to take this opportunity to extend my heartfelt gratitude to all our members, students, my colleagues in the Council, Regional Councils and Branch Managing Committee Members for […]

Amendments to SEBI (Employee Stock Option Scheme and Employee Stock Purchase Scheme) Guidelines, 1999

September 3, 2009 609 Views 0 comment Print

The Securities and Exchange Board of India (Sebi) has allowed pricing of employee stock options (ESOPs) on the Black-Scholes model or a Binomial model. This model uses an option-racing model that takes into account, as of the grant date, the exercise price and expected life of the option.

Liability of interest where CENVAT credit was wrongly taken but reversed by assessee before utilization

September 3, 2009 1072 Views 0 comment Print

Companies will have to bear interest on any cenvat credit wrongly taken even if it is not utilised, according to the Central Board of Excise and Customs, the apex indirect tax body. Cenvat credit is the set-off for levies paid on inputs. In other words, for every rupee of service tax or manufacturing tax (excise duty) paid by the company on inputs, it earns a credit that can be used against setting off its liability.

Income-tax (Twelfth Amendment) Rules, 2009 – Amendment in rule 11N

September 2, 2009 856 Views 0 comment Print

Notification No. 65/2009 – Income Tax In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely

Modifications in the e-TDS/TCS data structure and new File Validation Utility applicable from October 1, 2009

September 2, 2009 801 Views 0 comment Print

Learn about the modified e-TDS/TCS data structure and new File Validation Utility introduced by the Income Tax Department since October 1, 2009.

SC will decide on applicability of TDS on payments made to state-owned BSNL and MTNL for interconnectivity by private players

September 2, 2009 1709 Views 0 comment Print

THE Supreme Court will decide whether private telecom operators are liable to deduct TDS for the payments made to the state-owned BSNL and MTNL for inter connectivity. A bench comprising Justice SH Kapadia and Justice Aftab Alam on Friday issued notice to Bharti Airtel on the plea of the income-tax department.

CBDT advised to deduct TDS on second installment of arrears under Sixth Central Pay Commission award

September 2, 2009 468 Views 0 comment Print

The second instalment of arrears under the Sixth Central Pay Commission award will not only put more money in the pockets of Government employees, but may also bolster direct tax collections. Sensing a good tax mop-up opportunity from this large payout, estimated at about Rs 17,000 crore, the Central Board of Direct Taxes (CBDT) has advised […]

Trade advance given to give effect to a commercial transaction can not be treated as deemed dividend

September 2, 2009 5257 Views 0 comment Print

1. This is an appeal preferred by the Revenue under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the „Act‟) against the judgment dated 09.03.2007 passed by the Income Tax Appellate Tribunal (hereinafter referred to as the „Tribunal‟) in ITA No. 4125/Del/1999 in respect of assessment year 1996-97. The Revenue is aggrieved by virtue of the fact that by the impugned judgment

Replacement expenditure is neither current repairs nor revenue

September 2, 2009 2401 Views 0 comment Print

The assessee incurred expenditure on replacement of machinery in a textile mill and claimed the same as revenue expenditure on the ground that it was merely for replacement of spare parts in the spinning mill system and did not give rise to a new asset. In the books, the expenditure was capitalized. The CIT (A), ITAT and High Court decided in favour of the assessee

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