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Archive: January, 2011

Posts in January, 2011

CBI Registers a case against Assistant Commissioner, Superintendent and Inspector of Central Excise for Corruption

January 19, 2011 781 Views 0 comment Print

The Central Bureau of Investigation has registered a case against Assistant Commissioner, Superintendent & Inspector of Central Excise, Indore and other private person U/s 120-B r/w 420 IPC and Section 13(2) r/w 13(1)(d) of P.C.Act, 1988. It was alle

Update on Empanelement for Audit of Urban Co-op. Banks and other Co-op. Societies

January 19, 2011 763 Views 0 comment Print

We had a useful meeting with the officials of the Co-operation Department at Pune on 5th January, 2011 with regards to the co-operative audit in Maharashtra. We have been requested to formulate a programme in respect of processes and other matters fo

ICAI issues Exposure Draft on Framework for Preparation and Presentation of Financial Statements (Revised 20XX)

January 18, 2011 991 Views 0 comment Print

Following is the Exposure Draft of the Framework for the Preparation and Presentation of Financial Statements (Revised 20XX), issued by the Accounting Standards Board of the Institute of Chartered Accountants of India, for comments. The Board invites

UCBs – Accounting Procedure for investments – Settlement Date Accounting

January 18, 2011 718 Views 0 comment Print

It has been observed that there is no uniformity in the practice adopted by banks while accounting for investments in Government Securities i.e. they are accounted for either on “Trade Date” or the “Settlement Date”. Hence, with a view to bringing in uniformity, it has been decided that banks should follow “Settlement Date” accounting for recording both outright and ready forward purchase and sale transactions in Government Securities.

Centralised Funds Management System (CFMS) – Extension of timings

January 18, 2011 1785 Views 0 comment Print

Members of CFMS are using the funds transfer module to transfer funds from one DAD to another DAD from their payment gateways. At present, the time window for funds transfer module of CFMS is from 11:00 hours to 16:30 hours on weekdays and from 11:00 hours to 13:00 hours on Saturdays.

Served From India Scheme (SFIS), Review thereof

January 18, 2011 829 Views 0 comment Print

Service Providers of services listed in Appendix 41 of HBPv1 would alone be eligible. Such eligible Service Providers will be entitled to Duty Credit Scrip equivalent to 10% of free foreign exchange earned during current financial year.

Appendix 41-List of Services eligible for benefits under Served From India Scheme (SFIS)

January 18, 2011 3643 Views 0 comment Print

Para 3.6.1 of the HBPv1 titled ‘Ineligible Remittances and Services for SFIS Scheme’ gives the categories which are not eligible for this scheme. Para 3.6.1(g) of the HBPv1 (Updated as on 23.8.2010) relating to Telecom Sector is deleted. The word ‘Airlines,’ appearing in the Para 3.6.1(h) of the HBPv1 (Updated as on 23.8.2010) is also deleted.

Circular No. 06/2011-Customs Duty Dated: 18/01/2011

January 18, 2011 2242 Views 0 comment Print

Circular No. 06/2011-Customs The undersigned is directed to invite your attention to Circular No.58/2004-Cus. dt.21.10.2004 on the above subject as amended by Circular Nos.17/2009-Cus. dt.25.5.2009 and 32/2009-Cus. dt.25.11.2009 and to state that references have been received with reference to para 3.2(c) of the Circular No. 58/2004-Cus. dt.21.10.2004. Para 3.2(c ) of the said Circular, interalia, stipulates that exemption from Bank Guarantee contemplated therein will not be available in case the licence holder has been penalized under the provisions of Customs Act,1962, the Central Excise Act,1944, the Foreign Exchange Management Act (FEMA),1999 or the Foreign Trade (Development and Regulation) Act,1992 during the previous three Financial years.

Procedure for Sale or Auction Sale of ‘Secured Asset’ under the provisions of SARFAESI Act, 2002?

January 18, 2011 28185 Views 3 comments Print

While everybody appreciates the legislative intention behind enacting special legislations like RDDB Act, 1993 and SARFAESI Act, 2002, when it comes to the sale of mortgaged property through auction, many interesting points would emerge for consideration. If it is a sale of mortgaged property pursuant to the Recovery Certificate issued by the Debt Recovery Tribunal in an Application filed by the Bank under Section 19 of RDDB Act, 1993, the Recovery Officer or the Bank shall have to follow the provisions contained in Schedule II and III of Income Tax Act with such modifications as may be necessary.

Goodwill is intangible asset u/s 32(1)(ii) and eligible for depreciation

January 18, 2011 7476 Views 0 comment Print

On merits, s. 32(1)(ii) allows depreciation in respect of know-how, patent, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature. The term “commercial rights” are such rights which are obtained for effectively carrying on business and commerce. “Commerce” is a wide term which encompasses many a facet. Accordingly, any right obtained for carrying on business with effectiveness comes within the sweep of meaning of “intangible asset”. Goodwill, being the positive reputation built by a person over a period of time is of “similar nature” as the other items enumerated in the definition of “intangible assets.

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