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Archive: 07 May 2011

Posts in 07 May 2011

Form 16 – Erroneous reference to Form 12BB

May 7, 2011 15283 Views 0 comment Print

For tax deducted on salaries , the employer has to issue Form 16 to the employees. The form was modified vide Notification 41/2010 dated 31.05.2010 In this form there is a reference to Form 12BB. However there is no Form 12BB notified. It certainly is a typo error and it should read Form 12BA

New Dates announced for cancelled Hindi medium papers of PCE and IPCE

May 7, 2011 393 Views 0 comment Print

Cancellation of HINDI MEDIUM Paper-3 of PCE and Paper-2 of IPCE of Chartered Accountants Examination-May 2011 held on 05 May 2011.The said exam for Hindi medium candidates will now be held again on 17th May-2011

No Tax On Redevelopment Gains For Society and Members – ITAT Mumbai

May 7, 2011 3015 Views 0 comment Print

ITO vs. Hemandas J. Pariyani The issue is whether the amount received by the society and its member on account of transferable development rights is taxable under capital gains. The issue in dispute is covered by the decision of the ITAT in the case of Jethalal v DCIT wherein it was held that transferable development rights granted by the Development Control Regulations for Greater Mumbai, 1991, qualifying for equivalent floor space index having no cost of acquisition, sale thereof does not give rise to taxable capital gains. Since the facts of the case under consideration is identical to that of the decision of the ITAT in the said case, the CIT(A) was justified in directing the AO not to charge capital gains tax on the compensation received by the assessee even on a protective basis. Amount received by the society and its member on account of transferable development rights is not taxable under capital gains.

Circular on NPA and Other Provisions Applicable to Audit of Co-Operative Credit Societies and Bank in Maharashtra

May 7, 2011 19443 Views 0 comment Print

Statutory Audit of Co-operative Societies for the year 2010-11 – Circular. Circular Dt 11.04.2011 from Commissioner of Cooperative Societies, Pune regarding Statutory Audit of Co-operative Societies for the year 2010-11 and Change in NPA. Circular on NPA and Other Provisions Applicable to Audit of Co-Operative Credit Societies and Bank in Maharashtra

Vehicle hire charges falls within the scope of Section 194C not under section 194I

May 7, 2011 57273 Views 0 comment Print

S. 194C defines work to include carriage of goods and passengers by any mode of transport other than railways while s. 194-I defines rent to mean payment for use of plan (which is defined in s. 43 to include vehicles). As the cars were owned and maintained by the contractor and all expenditure was borne by the contractor, the contract was for carriage of passengers for which the assessee paid a fixed amount. Therefore, the payment of vehicle hire charges fell within the scope of s. 194C and was not rent for s. 194-I.

Services provided by sub-contractors/consultants and other service providers are classifiable as per section 65A

May 7, 2011 9206 Views 0 comment Print

CIRCULAR NO. 138/07/2011 The Works Contract service (WCS) in respect of construction of Dams, Tunnels, Road, Bridges etc. is presently exempt from service tax. WCS providers engage sub­contractors who provide services such as Architect‟s Service, Consulting Engineer‟s Service, Construction of Complex Service, Design Services, Erection Commissioning or Installation Service, Management, Maintenance or Repair Service etc. The representation by assessee sought to extend the benefit of such exemption .

Mere use of technical design or plan without absolute transfer of right of ownership is taxable as fees for included services under Article 12 of the Indo-Canadian Treaty

May 7, 2011 1700 Views 0 comment Print

The term transfer used in Article 12(4) does not refer to absolute transfer of right of ownership. The assessee, a non-resident company engaged in the business of providing consultancy for infrastructure projects, entered into an agreement with the National Highway Authority of India (NHAI) for providing technical drawings and reports to NHAI for its infrastructure projects. The assessee was required to investigate the availability and viability of various modern technologies to ensure most economical cost estimate without affecting the quality of work. The scope of the services included preparation of the detailed project report, which covered the entire design for rehabilitation and strengthening of the existing carriage ways and required structures. It also included the study of environmental resettlement and rehabilitation needs as per the guidelines of the Government of India.

Finance Ministry Initiates Public Debate on Negative list for Taxation of Services

May 7, 2011 1418 Views 0 comment Print

Ministry of Finance has initiated a public debate on the issue of a negative list for taxation of services as announced by the Finance Minister, Shri Pranab Mukherjee in his Budget 2011. The text of the speech is as below-Many experts have argued that it will be desirable to tax services based on a small negative list, so that many untapped sectors are brought into the tax net. Such an approach will be very conducive for a nationwide GST. I propose to initiate an informed public debate on the subject to help us finalise the approach to GST.

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