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Archive: July, 2010

Posts in July, 2010

Income Tax staff to boycott search, seizure operations from July 20

July 17, 2010 678 Views 0 comment Print

The employees of the Income-Tax Department plan to boycott all search and seizure operations as well as survey operations from July 20 to secure their charter of demands, said Mr Ashok B. Salunkhe, All-India Secretary General of the Income Tax Employees Federation.

Rs 10,221 Crore unrealised revenue: CAG

July 17, 2010 447 Views 0 comment Print

The Comptroller and Auditor General of India has asked the state government to take speedy and effective action for realising Rs 10,221 crore of unrealised revenue from various departments. The report of the Comptroller and Auditor General of India (revenue receipts) for the year that ended 31 March 2009, which was tabled in the assembly on Thursday,

Judge Hearing PWC case recuses himself from hearing

July 17, 2010 646 Views 0 comment Print

Mr Justice D. D. Sinha of the Bombay High Court, one of the judges on the Division Bench hearing audit firm Price Waterhouse’s petition against Securities and Exchange Board of India, recused himself from hearing the case on Friday, without assigning any reason.

A study on Valuation of Business

July 17, 2010 3155 Views 0 comment Print

Business valuation is a process and a set of procedures used to estimate the economic value of an owner’s interest in a business. Valuation is used by financial market participants to determine the price they are willing to pay or receive to consummate a sale of a business. In addition to estimating the selling price of a business, the same valuation tools are often used by business appraisers to resolve disputes related to estate and gift taxation, divorce litigation, allocate business purchase price among business assets, establish a formula for estimating the value of partners’ ownership interest for buy-sell agreements, and many other business and legal purposes.

Audit Planning & Documentation

July 17, 2010 30953 Views 0 comment Print

And who better than we professionals have powers as well as sense of such big responsibility therewith? Many professionals prove this by excelling in the various fields of accounting and auditing. The Institute of Chartered Accountants of India is always full of activities for developing the nature of work pattern & services provided by the professionals. One of these responsibilities, which the auditor is expected to fulfill, is ‘Audit Planning and Audit Documentation’.

Search and Survey – Rights and Duties

July 16, 2010 7957 Views 0 comment Print

Search and Survey:-Power to carry out search under section 132 and survey under section 133A are important tools in the armoury of the Income–tax department for detecting and preventing tax evasion. Though the need to have such tools cannot be grudged, the department has to use it sparingly and in deserving cases and after complying with necessary guidelines and safeguards. A search is violation of personal privacy and rights of a citizen and its use should only be in rarest of rare cases.

Transfer Pricing TNMM must be applied to transaction margins and not to enterprise level margins. Adjustments must be confined to international transactions

July 16, 2010 819 Views 0 comment Print

The assessee, engaged in the business of manufacture and export of diamonds and jewellery, claimed that having regard to the nature of the product, none of the transfer pricing methods were applicable for benchmarking the international transactions with associated enterprises. The TPO rejected the argument on the ground that the Transactional Net Margin Method (TNMM) was applicable and made an adjustment by comparing the enterprise level operating margins.

Royalty paid by non-resident does not arise in India if there is no “economic link” between the PE and the royalty

July 16, 2010 546 Views 0 comment Print

The assessee, a Singaporean company with a PE in India, obtained rights from the Global Cricket Council, Singapore, for telecast of cricket matches in India. The AO took the view that the payment for the said rights constituted “royalty” in the hands of GCC u/s 9(1)(vi) & Article 12(7) of the India-Singapore DTAA and that it had arisen in India on the ground thatthe payer had a PE in India and there was a direct nexus between collection of advertisement revenue in India and payment for the rights.

No tax holiday on gas discoveries

July 16, 2010 834 Views 0 comment Print

The finance ministry appears to have sealed the fate of forth coming auctions of exploration acreages. The revenue department has rejected the oil ministry’s suggestion to extend the seven-year tax holiday under the New Exploration Licensing Policy to gas discoveries in the ninth bidding round.

Govt will not mobilise funds for infra sector from non-resident Indians through special tax-free bonds

July 16, 2010 429 Views 0 comment Print

The finance ministry has turned down a suggestion that government mobilise funds for infrastrucure sector from non-resident Indians through special tax-free bonds. “It may not be a very viable plan as it could lead to losses at the time of redemption because of fluctuation in the Indian currency,” a senior government official said.

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