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Archive: 07 June 2011

Posts in 07 June 2011

Promotional expenses incurred by cosmetic company on Testers, and merchant display which were supplied free of cost to the retailers are revenue in nature

June 7, 2011 1027 Views 0 comment Print

ITO V. M/s Elka Cosmetic Pvt. Ltd. ( ITAT Delhi) – The issue is whether the promotional expenses incurred by a company engaged in business of cosmetics on ‘Testers’, and ‘merchant display’ which were supplied free of cost to the retailers are capital in nature merely because it also promotes goodwill of the company. It was held that nature of expenditure incurred in the assessee’s line of business is absolutely essential for the day to day conduct of the business of the assessee-company and the same is allowable as revenue expenditure.

Reopening U/s. 147 invalid If Reason reasons recorded have not escaped assessment

June 7, 2011 6207 Views 0 comment Print

Ranbaxy Laboratories Limited Versus CIT (Delhi High Court)- The Tribunal was right in holding that the Assessing Officer had the jurisdiction to reassess issues other than the issues in respect of which proceedings are initiated but he was not so justified when the reasons for the initiation of those proceedings ceased to survive. Consequently, we answer the first part of question in affirmative in favour of Revenue and the second part of the question against the Revenue.

Service Tax on Air Travel – IATA put India on Wall of Shame

June 7, 2011 1772 Views 0 comment Print

The government was put on the Wall of Shame at the annual general meeting of the International Air Transport Association in Singapore, along with the European Union Parliament and the governments of the UK, Germany and Austria, for imposing high taxes on air travel.

Interest to be paid on those PPF (HUF) accounts, which had attained maturity after 13-5-2005 but closed by subscribers before 7-12-2010

June 7, 2011 1750 Views 0 comment Print

Some of the subscribers of PPF (HUF) accounts had closed the accounts on maturity or thereafter between 13th May, 2005 to 7.12.2010 (before the issue of the aforesaid amendment). Some of such account holders, were not paid interest at PPF rates on the deposits retained beyond the maturity period (without further subscriptions). Those subscribers had been representing that interest at PPF rate may also be paid to them on the deposits that were retained in PPF accounts beyond maturity period. The matter has been examined in this Ministry and it has been decided that interest at PPF rate would be paid on those PPF (HUF) accounts, which had attained the maturity after 13.5.2005 but closed by the subscribers before 7.12.2010,subject to the conditions that the accounts had not been extended thereafter and the deposits were retained in such accounts without further subscriptions.

Net direct tax collection down 48 percent in April-May while Gross collection up by 37 per cent

June 7, 2011 886 Views 0 comment Print

The net direct tax collection during the first two months of the current fiscal fell by 47.93 per cent, mainly on account of dolling out of large refunds by the IT department. Net direct tax collections, gross collections minus refunds, were down by 47.93 per cent at Rs 12,954 crore during the first two months of the current fiscal, the finance ministry said in a statement.

Filing of Balance Sheet and Profit and Loss Account in eXtensible Business Reporting Language (XBRL) mode – General Circular 37/2011

June 7, 2011 3234 Views 0 comment Print

In supersession of this Ministry’s Circular No. 9/2011, dated 31-3-2011 and 25/2011 dated 12-5-2011, Ministry of Corporate Affairs hereby mandated certain class of companies to file Balance sheets and Profit and loss Account along with Director’s and Auditor’s Report for the year 2010-11 onwards by using XBRL taxonomy. The Taxonomy Business Rules, Validity tools etc. required for preparation the above documents in XBRL format as the existing Schedule VI and Accounting Standards notified under the Companies (Accounting Standards) Rules, 2006 have been prepared and hosted on the website of the Ministry at www.mca.gov.in . The Frequently Asked Questions (FAQs) about XBRL have been framed by the Ministry and they are being annexed as Annexure I with this circular for the information and easy understanding of the stakeholders. To enable filing on XBRL by stakeholders, MCA-21 portal will have XBRL filing module by July, 2011. Actual date will be informed separately.

Guidelines for Fast Track Exit mode for defunct companies

June 7, 2011 16918 Views 0 comment Print

In order to provide regular route for fast track exit by defunct company, for getting its name struck off from the register of companies, Ministry of Corporate Affairs (MCA) has decided to modify the existing route through e-form 61 and has introduced Fast Track Exit mode for defunct companies under section 560 of the Companies Act, 1956. This scheme is launched to give an opportunity for fast track exit by a defunct company, for getting its name struck off from the register of companies. Such companies may make an application to the Ministry of Corporate Affairs in the eForm FTE, accompanied by filing fee of Rs. 5,000/-

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