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Archive: 25 August 2010

Posts in 25 August 2010

Online Scheduling of factory stuffing inspection by Central Excise Officer -regarding

August 25, 2010 472 Views 0 comment Print

It has been suggested to the Board that in order to reduce transaction cost involved in factory stuffing inspection by Central Excise officers scheduling factory stuffing permission should be provided on line by the department. This suggestion has been accepted y the department.

After order u/s 143(3) of the Act, no rectification order u/s. 154 could be passed to rectify the intimation u/s 143(1)(a) of the Act – HC

August 25, 2010 27926 Views 0 comment Print

Tamil Nadu Magnesite Ltd. Vs. CIT (Madras HC) – In view of the law laid down by the Hon ble Supreme Court in Commissioner of Income Tax v. Gujarat Electricity Board (cited supra), after passing of an order under Section 143(3) of the Act, intimation under Section 143(1)(a) of the Act gets merged with the said order under Section 143(3) of the Act and the intimation under Section 143(1)(a) of the Act does not any more independently survive for rectification by the Assessing Authority under Section 154 of the Act.

ICAI likely to seek powers to penalise errant audit firms with prior approval from government

August 25, 2010 1102 Views 0 comment Print

The Institute of Chartered Accountants of India (ICAI) is likely to ask for powers to penalise errant audit firms, but only with prior approval from the government. The ICAI Council, the apex decision-making body that met last week, was divided on the issue of the regulatory agency for auditors getting powers to penalise firms as well.Instead, it agreed that the powers be used only in special circumstances, said members present in the meeting.

Depreciation-Allowability-Trucks in the names of directors

August 25, 2010 3276 Views 0 comment Print

Income tax – Sec 32(1) – Assessee-company claims depreciation on trucks registered in the name of Director – Revenue disallows – Tribunal allows the appeal – held, since the vehicles have been purchased in the name of the Director only for convenience sake and rents have been credited to the company’s account and even tax has been paid on the same, depreciation cannot be disallowed now as it is in effective possession of the company – Revenue’s appeal dismissed : ALLAHABAD HIGH COURT;

Can the valuation done by any authority of the State Government for the purpose of payment of stamp duty in respect of land or building be taken as actual sale consideration received by the purchaser?

August 25, 2010 847 Views 0 comment Print

The Assessing Officer added the difference between purchase price disclosed in the sale deed and purchase price of the property adopted for the purpose of paying the stamp duty to the total income of the assessee as income from unexplained sources. The Commissioner of Income-tax (Appeals) deleted this addition by holding that section 50C is a deeming provision for the purpose of bringing to tax the difference as capital gain.

Can the notional interest on interest free deposit received by the assessee in respect of a shop let out on rent be brought to tax as “Business income” or “Income from house property”?

August 25, 2010 1838 Views 0 comment Print

The assessee had received interest free deposit in respect of shops given on rent. The Assessing Officer added to the assessee’s income notional interest on the interest free deposit at the rate of 18 per cent simple interest per annum on the ground that by accepting the interest free deposit, a benefit had accrued to the assessee which was chargeable to tax under section 28(iv).

Remuneration allowable even if Partnership not specifies remuneration payable to each individual working partner

August 25, 2010 2348 Views 0 comment Print

In a case where the partnership deed does not specify the remuneration payable to each individual working partner but lays down the manner of fixing the remuneration, would the assessee- firm be entitled to deduction in respect of remuneration paid to partners?

Does the Central Board of Direct Taxes (CBDT) have the power under section 119(2)(b) to condone the delay in filing return of income?

August 25, 2010 2743 Views 0 comment Print

The assessee filed his return of income which contains a claim for carry forward of losses a day after the due date. The delay of one day in filing the return of income was due to the fact that the assessee had not reached the Central Revenue Building on time because he was sent from one room to the other and by the time he reached the room where his return was to be accepted, it was already 6.00 p.m. and he was told that the return would not be accepted because the counter had been closed.

ICAI Special Counters on 25th/26th August,2010 for the receipt of filled-in Examination Form- 24th August,2010

August 25, 2010 471 Views 0 comment Print

To facilitate the candidates of November-2010 C.A. Examinations for submitting the filled in CA Examiantion forms , four special counters will be operational in the adjoining premises of the Institute of Chartered Accountants of India viz, Institute of Engineers,Indraprastha Marg on 25th & 26th August,2010. The candidates are requested to avail this facility on 25th & 26th August,2010.

Gmail Now increases “Undo Send” Duration to up to 30 Seconds

August 25, 2010 288 Views 0 comment Print

Do you remember those “Oops” moments when you send email to someone and soon it occurs that you have missed something? This is where the “Undo Send” feature of Gmail comes in. It has saved me several times by undoing the sent emails.

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