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Archive: 2009

Posts in 2009

Allowability of exemption to partly charitable and partly religious trust

November 6, 2009 1585 Views 0 comment Print

It is clear from plethora of authorities where after considering provisions of section 1l(l)(a) that so for as aforesaid provision is concerned, no distinction is made between charitable and religious purposes. A charitable institution can have religious purposes; whereas a religious institution may be partly charitable. Most of the decisions were given under 1961 Act.

When a part of the surrender can be accepted on proper explanation the rest can also be allowed to be explained

November 6, 2009 567 Views 0 comment Print

When a part of the surrender can be accepted on proper explanation the rest can also be allowed to be explained. The assessee’s claim that balance was from cash withdrawals from cash book has to be tested on the facts appearing in the case. For that test it would be necessary that cash book be examined. Both members agree to that effect – the Accountant Member stating that if cash is found withdrawn it should be excepted whereas the Judicial Member directs to verify as to how the cash was generated in the cash book. In my opinion the later course appear to be more reasonable as the cash availability is to be examined with reference to entries made therein.

Two Income tax officer caught red handed on CCTV trying to break fellow officer's safe to steal files

November 6, 2009 1118 Views 0 comment Print

Mumbai: A late-night adventure by two senior income-tax (IT) officers, who sneaked into the room of one of their colleagues and broke open a cupboard to gather information on a leading city builder, went awry recently, leaving the investigation wing of IT red in the face. The duo was caught on the closed-circuit television at Aaykar Bhavan, and the issue has now snowballed into a nasty fight, with the IT top brass in Mumbai trying to pacify the warring officers.

ICAI to issue fresh notice to PriceWaterhouse, Delhi after Delhi High Court objection

November 6, 2009 531 Views 0 comment Print

Accounting regulator ICAI on Wednesday said it will issue fresh notices to PriceWaterhouse, Delhi, in relation to the Satyam scam after the Delhi High Court objected to its action against the firm without any evidence that it was related to PW, Bangalore, the statutory auditors of scam-hit company.

Government discussing suggestions of stakeholders to modify direct tax code: FM

November 6, 2009 693 Views 0 comment Print

Government would make all efforts to meet the aspirations and expectations of the taxpayers and the corporate sector before finalisation of the Direct Tax Code. The next steps in this direction would be taken only after a comprehensive review of the draft Direct Tax Code by taking on board the suggestions received. This was stated by the Finance Minister, Shri Pranab Mukherjee while addressing the first newly constituted Parliamentary Consultative Committee attached to his ministry here yesterday.

FAQs for ICAI Members to become Members of ICAEW

November 6, 2009 6926 Views 0 comment Print

The MoU provides for Recognition and Examination arrangements for the members of the two largest Institutes. This agreement would facilitate mobility of members across the borders and further strengthen the ties between India and Great Britain. The MoU entitles Institute membership without license to practice. General practice rights excluding auditing rights would be available.

S. 80-IA(4) deduction is not available to contractors

November 6, 2009 927 Views 0 comment Print

he assessee, a civil contractor, claimed deduction u/s 80-IA (4) in respect of the profits from infrastructure projects executed by it. The lower authorities rejected the claim on the ground that the assessee was a mere contractor and not a developer. On appeal, the Judicial Member upheld the claim on the ground that the assessee was a developer. The Accountant Member dissented and after taking note of the Explanation to s. 80-IA then proposed to be inserted by the Finance Bill 2007 w.r.e.f 1.4.2000, rejected the claim.

Indexed cost of gifted assets has to be determined with reference to previous owner

November 6, 2009 1156 Views 0 comment Print

The assessee transferred a capital asset which was received by her by way of gift on 1.2.2003. The previous owner had acquired the capital asset on 29.1.1993. In computing capital gains, the assessee claimed that the indexed cost of acquisition had to be worked out by taking the date of acquisition by the previous owner.

MVAT Notification on sales made to the diplomatic authorities and international bodies or organisations

November 5, 2009 2653 Views 0 comment Print

In suppression of the Government Notification, Finance Department, No.VAT-1507/ CR-41/ Taxation-1, dated the 25th June 2007, the Government of Maharashtra hereby provides for grant of refund of the tax, collected by any registered dealer on his sales made to the diplomatic authorities and international bodies or organisations mentioned in column (2) of the Schedule appended hereto, subject to the conditions specified against each of them in column (3) of the said Schedule:—

Grant of VKGUY and FPS/FMS benefits against self attested EP copy of Shipping Bills (in cases where original EP copy of Shipping Bill has been negotiated by the Bank)

November 5, 2009 688 Views 0 comment Print

Requests have been received from few firms stating that original EP-cum-Exchange Control copy of Shipping Bill have been submitted to the Bank by them for negotiation purpose and the same is not receivable from the Bank and they have requested to consider their claims under VKGUY and FMS/FPS Schemes on the basis of submission of self attested copies of the Shipping Bills.

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