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Archive: 16 January 2011

Posts in 16 January 2011

For purposes of clause (iv) of Explanation 1 to section 115JB, extent of reduction in respect of deduction available under section 80HHC has to be computed strictly in accordance with provisions of section 80HHC

January 16, 2011 651 Views 0 comment Print

Tribunal was not justified in coming to the conclusion that the amount to be reduced under clause (iv) of Explanation 1 to Section 115JB in respect of the profits eligible for deduction under Section 80HHC has to be computed with reference to the net profits in the profit and loss account and not according to the profits of the business computed under the head of profits and gains of business or profession

Activity of preparing bouquets from natural flowers does not bring into existence commercially a different product and hence is not `manufacture’ for purpose of section 2(17) of Bombay Sales Tax Act, 1959

January 16, 2011 4366 Views 0 comment Print

If the `flower bouquet’ is an arrangement of cut flowers, such arrangement of cut flowers by itself would not convert the said flowers into a different commercial commodity nor will it amount to and activity which would have an impact on the nature of the goods and will therefore not fall within the definition of the word “manufacture”

Provisions of TDS Chapter (Chapter XVII) are relevant only for ascertaining deductibility of tax at source and not for actual deduction and payment for attracting provisions of section 40(a)(ia)

January 16, 2011 26942 Views 0 comment Print

During the year, the assessee paid Rs.2,83,43,188 to various contractor. The AO noticed that the payment of TDS was not made within the statutory period in respect of payments of the contractors and therefore, it required to be disallowed u/s 40(a)(ia). The assessee claimed before the AO that the entire payment was made in the month of March 2005 and tax was deducted in the month of March 2005 only Therefore, the tax deposited on 21.09.2005 is within the statut

Bad debt – Amount receivable by a share broker from his clients against purchase of shares when not recovered can be allowed as bad debt

January 16, 2011 1464 Views 0 comment Print

The amount receivable by the assessee, who is a share broker, from his clients against the transactions of purchase of shares on their behalf constitutes debt which is trading debt; the brokerage/commission income arising from such transactions very much forms part of the said debt and when the amount of such brokerage/commission has been taken into account in computation of income of the assessee of the relevant previous year or any earlier year, it satisfies the condition stipulated in section 36(2)(i) and the assessee is entitled to deduction under section 36(1)(vii) by way of bad debts after having written off the said debts from his books of account as irrecoverable.

Penalty on alleged gifts received by minor sons of assessee which are finally transferred to assessee

January 16, 2011 1084 Views 0 comment Print

Where assessee chose to sit quietly and did not furnish any satisfactory explanation about cash deposited in minors account which is finally transferred to assessee’s account, then it could not be said that assessee has discharged primary onus lying on him under Explanation 1(A) of section 271(1)(c)

As long as an AO has taken a possible view of a matter after applying his mind to facts of case and legal provision, view so taken cannot be subjected to revision proceedings under section 263 merely because the Commissioner has a different view of that matter

January 16, 2011 336 Views 0 comment Print

The true test, therefore, must lie in whether or not the view taken by the Assessing Officer could be said to be a possible view of the matter, upon due application of mind to facts of the case as also the applicable legal provisions.

Empanelment of CA firms with MMTC for Internal Audit assignment for FY 2011-12

January 16, 2011 694 Views 0 comment Print

The reputed CA firm should have been in existence for 10 years or more for MMTC offices located in ‘A’ class cities and 5 years or more for MMTC offices located in other cities. At least one partner should have an association of 5 years or more with

ICAI will probe only conducts of its member in R-Infra and RNRL Case

January 16, 2011 255 Views 0 comment Print

The Securities and Exchange Board of India (SEBI) has passed a consent order regarding the Reliance Infrastructure and RNRL investigation that showed misrepresentation of investments. In an exclusive interview with CNBC-TV18, Amarjit Chopra, Presiden

CBI arrests SBI Dy Manager for taking bribe

January 16, 2011 327 Views 0 comment Print

CBI officers on Saturday arrested Deputy Manager of State Bank of India Ajay Kumar Sinha when he was accepting a bribe of Rs 30,000. Sinha, posted in the Small and Medium Enterprises, Cash Credit Centre in the bank’s Patna Main Branch, was arrested

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