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Archive: 2009

Posts in 2009

S. 14A disallowance to be made even if no tax-free income: Special Bench Delhi

August 17, 2009 2312 Views 0 comment Print

The assessee had borrowed funds for the purpose of investing in shares. The shares were held for capital purposes as well as for investment purposes. In AY 2004-2005, the assessee did not receive any dividend on the said shares and so there was no exempt income. The Special Bench had to consider whether the interest expenditure

Notification No. 19/2009-Central Excise (N.T.); Dated: 17.08.2009

August 17, 2009 556 Views 0 comment Print

In exercise of the powers conferred by sub-rule (2) of rule 3 of the Central Excise Rules, 2002, the Central Board of Excise and Customs hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue) number 14/2002-Central Excise (N.T.),

Cut in corporate tax rate will not benefit all sectors as MAT will increase tax burden

August 17, 2009 756 Views 0 comment Print

The proposed reduction in corporate tax rate from 30% to 25% in the new direct tax code is only one side of the story. The cut has been offset by a reduction in exemptions and the dreaded change in the minimum alternate tax (MAT), which would hit companies that have to invest heavily in their businesses.

Ministry of corporate affairs plans to increase the accountability of chartered accountants

August 17, 2009 693 Views 0 comment Print

The ministry of corporate affairs, in consultation with the Institute of Chartered Accountants of India (ICAI), plans to increase the accountability of chartered accountants (CAs) by changing the way they perform their duties.

Corporation Bank will offer income tax returns filing facility through ATM network

August 17, 2009 822 Views 0 comment Print

Aimed at retail assesses, state-owned Corporation Bank will offer income tax returns filing facility through its 1000-plus strong ATM network spread across the country, a top company official said. “We are offering a service for filing of Income Tax (I-T) returns for Corporation Bank debit card holders through our network of 1,000 plus ATMs in […]

Gain in Rupee against dollar made corporate liking AS-11

August 17, 2009 471 Views 0 comment Print

Reliance Communications has had a change of heart, in just three months, on the accounting treatment for reflecting changes in the rupee value of foreign currency loans raised to finance purchase of fixed assets.

If the expenses are of revenue nature, then the same are to be allowed and section 35D will not be applicable

August 16, 2009 5013 Views 0 comment Print

4.1 The Assessing Officer from the details filed noticed that the assessee has claimed a sum of Rs.3,24,91,003/- as deferred revenue expenditure. The assessee vide letter dated 15th December, 2005 submitted that a new call center was in the process of being completed, but was not completed during the year.

Unsigned return is a defective return but this defect can be cured

August 16, 2009 2010 Views 0 comment Print

In our opinion, once Section 140 of the Act mandates that the return has to be signed in the case of a company by the Managing Director and where Managing Director is not available by any Director thereof, it is not possible to hold that the signing of the return by the Company Secretary is merely an irregularity. When the law provides for a particular thing to be done in particular manner, it must be so

Interest earned on bank deposits received from clients is business income

August 16, 2009 1724 Views 0 comment Print

In this case it is not disputed that the assessee is a firm of Solicitors & Advocates. It would be necessary to first examine as to whether The Bombay High Court (Original Side Rules are applicable in the case of the solicitors and then to consider the obligations of the Solicitor firm under the said Rules, if found applicable. For this purpose, it will be relevant to refer to the decision of the Hon’ble Bombay High Court in the case of Manilal Kher Ambalal and Co. (supra). In this case the Hon’ble High Court, while examining the method of accounting followed by the appellant firm, has stated as under: –

Deduction to be allowed under any other provision of Chapter VI-A with the heading ‘C’ is to be reduced by amount of deduction allowed u/s. 80-IB/80-IA

August 16, 2009 8598 Views 0 comment Print

1. This Special Bench was constituted on the recommendation of the regular Bench which was hearing above appeals. The controversy relates to the computation of deduction u/s 80HHC to an assessee (industrial undertaking) after it has been allowed deduction u/s 80-IB of the Income Tax Act. In other words, the effect of provision of Section 80-IA(9) introduced w.e.f. 1.4.1999 is to be seen.

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