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Archive: April, 2010

Posts in April, 2010

PAN become must for all transactions from 1st April 2010

April 5, 2010 1282 Views 0 comment Print

Pan card has to be submitted for financial transactions. otherwise, tax burden will go up. The start of this new financial year requires additional effort from tax payers, as they need to be vigilant about their tax deduction at source (TDS). For some years now, there have been efforts made to ensure a particular procedure is followed for TDS and this includes disclosing the permanent account number (PAN).

ICAI decided to review financial statements of 150 listed companies

April 5, 2010 636 Views 0 comment Print

The Institute of Chartered Accountants of India (ICAI) has decided to review financial statements of 150 listed companies across bourses as part of its policy to tighten accounting standards in the country after the Rs 8,000-crore Satyam scandal. Any anomaly discovered would be forwarded to the ministry of corporate affairs (MCA) and market regulator Sebi for appropriate action.

A new Controversy by CBDT: Disallowance of Forex Derivative Losses

April 5, 2010 1646 Views 0 comment Print

Let’s start with the bad news this week. Accounting principles say losses are tax deductible, but CBDT says no! Not if they are forex derivative losses. Last week, the Central Board of Direct Taxes or CBDT issued an internal circular which says that a loss arising from an outstanding Marked to Market forex derivative transaction is, “contingent in nature and cannot be allowed to be set off against taxable income. The same should therefore be added back for the purpose of computing the taxable income of an assessee.’

ICAI panel hit out at banks for not doing due diligence on Satyam before giving loans

April 5, 2010 657 Views 0 comment Print

Accounting regulator Institute of Chartered Accountants of India (ICAI) probe panel has hit out at banks for not doing due diligence on Satyam Computer Services before giving loans, and wondered why the government put Deepak Parkeh on its board despite his HDFC group being a major creditor to Ramalinga Raju’s company.

ICAI planning to crack down on CA firms who indiscriminately use the brand names of the global firms they associate with

April 5, 2010 588 Views 0 comment Print

The Institute of Chartered Accountants of India (ICAI) is planning to crack down on local chartered accountant (CA) firms that would indiscriminately use the brand names of the global firms they associate with. A high-powered committee of ICAI set up to look into the accounting loopholes that were exploited during the Satyam scandal has recommended that there should be clear terms and conditions between the Indian CA firm and the foreign one for use of brand names.

Custom Notification No 42/2010, Regarding anti dumping duty on Polytetrafluoroethylene (PTFE) originating in, or exported from China

April 5, 2010 523 Views 0 comment Print

Now, therefore, in exercise of the powers conferred by sub sections (1) and (5) of section 9A of the said Customs Tariff Act, read with rules 18 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 91/2005-Customs, dated the 17th October, 2005,

Bengal Finance (Sales Tax) Act, 1941- Whether show cause notice issued by respondent is illegal and defective?

April 4, 2010 1762 Views 0 comment Print

whether the show cause notice issued by the respondent is illegal and defective as the same did not provide for a time period of 15 days as prescribed in the statute and also because it did not disclose materials leading to the satisfaction of the concerned authorities justifying the issuance of such a show cause notice- Section 11 E (2) of Bengal Finance (Sales Tax) Act, 1941.

Applicability of TDS on Royalty payment to US based Copyright Holder on sale and distribution of cinematographic films on DVD and VCD

April 4, 2010 2540 Views 0 comment Print

Recently, the Mumbai bench of the Income-tax Appellate Tribunal (the Tribunal) in the case of Asiavision Home Entertainment Pvt. Ltd. v. ACIT has held that royalty paid for the distribution and marketing of cinematographic film on DVD and VCD cannot be considered as royalty paid for TV or radio broadcasting rights and for the purpose of disallowance under section 40(a) of the Income-tax Act, 1961 (the Act) ‘royalty’ shall have the same meaning as provided under explanation 2 to section 9(1)(vi) of the Act.

Internal CUP Method Applies for Interest-Free Loans Made by Indian Company to Foreign Subsidiaries

April 4, 2010 1184 Views 0 comment Print

The Mumbai Tribunal disallowed the claim of the taxpayer in providing interest free loans to its overseas subsidiary. The Tribunal rejected the argument of the tax payer that the loan was extended on account of commercial expediency and out of its own fund (i.e. interest free).

No penalty for merely making an incorrect claim: SC

April 4, 2010 735 Views 0 comment Print

This ruling provides guidance to taxpayers on the issue that merely making a claim in the return of income, which is disallowed by the Tax Authority, cannot tantamount to furnishing inaccurate particulars of income, which would attract levy of penalty.

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