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Archive: 03 July 2011

Posts in 03 July 2011

The assessee entitled to exemption under s 54F on investment of net consideration from transfer of depreciable asset under Capital Gains Deposit Account Scheme

July 3, 2011 3548 Views 0 comment Print

CIT v Rajiv Shukla (High Court of Delhi) Assessing Officer rejected the claim of the assessee under section 54F on the ground that the assessee had not produced any evidence showing investment in Capital Deposit Account Scheme under section 54F and that the flat sold by him was a depreciable asset. As per provisions of section 50, the capital gain arising from transfer of depreciable asset shall be deemed to be the capital gain arising from transfer of short term capital asset and, therefore, deduction under section 54F was not available. Accordingly, AO made an addition of Rs.91,77,118/- under the head Short Term Capital Gain.

Retrospective or prospective applicability of a provision cannot be decided simply on the basis of the view taken by CBDT ignoring the plain statutory language

July 3, 2011 1542 Views 0 comment Print

iPolicy Network (P) Ltd. v ITO (ITAT, Delhi)- If the difference in the ALP price determined by the TPO in international transaction and the revenue received by the assessee does not exceed the safe harbour of -/+ 5 per cent as per proviso (2) of s 92C (pre-amended) no addition can be made to the income of the assessee on account of transfer pricing adjustment.

No Tax on on transfer of shares of Indian subsidiary to Singapore subsidiary without consideration on account of reorganisation by American company

July 3, 2011 2713 Views 0 comment Print

Deere and Co., In re (Authority for Advance Rulings)- American company is not liable to pay any capital gain under s 45 read with s 47(iii) on transfer of shares of Indian subsidiary to Singapore subsidiary without consideration on account of reorganisation as same amounts to gift.

Once the refund becomes due, the interest is payable as per the provisions of section 244A of the Income Tax Act, 1961

July 3, 2011 2975 Views 0 comment Print

ADIT (IT), Circle 2(2) v Taj TV Ltd. (ITAT Mumbai) -The assessee was entitled to interest under s 244A in respect of the excess payment of tax in response to the order passed under s 201 read with s 195, 201(1A) and 250.

Mere making of a claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate particulars

July 3, 2011 2813 Views 0 comment Print

ADIT v Fidelity Management Trust Co (ITAT Mumbai) The mere making of a claim, which was not sustainable in law, by itself, would not amount to furnishing inaccurate particulars when the assessee had made a bona fide claim relying on the advance ruling pronounced in the case of a sister concern which was reversed later on.

Differences between IFRS AND Ind AS

July 3, 2011 129793 Views 0 comment Print

This note is issued by the Institute of Chartered Accountants of India (ICAI) to bring out the differences between the IFRSs1 as applicable on 1st April, 2011 and the corresponding Indian Accounting Standards (Ind ASs) placed by the Ministry of Corporate Affairs (MCA), Government of India, on its website after recommendation of the same by the National Advisory Committee on Accounting Standards (NACAS) and the ICAI.

Chartered Accountant gets 7-yr RI for forging I-T returns

July 3, 2011 1535 Views 0 comment Print

A chartered accountant has been sentenced to seven years of rigorous imprisonment by the additional chief metropolitan magistrate (EOI), Egmore, for forging his income tax returns. L Vijayaraghavan had forged the figure and words on his challan for self-assessment tax for 2003-04 by making it appear he paid Rs22,400 while he actually paid only Rs400.

Indian Bank Request for Proposal for Information Systems Audit of Core Banking / Net Banking / Mobile Banking / ATM / Data Centre / D R Site / Networking Infrastructure and Other Integrated systems

July 3, 2011 1120 Views 0 comment Print

Indian Bank Request for Proposal for Information Systems Audit of Core Banking / Net Banking / Mobile Banking / ATM / Data Centre / D R Site / Networking Infrastructure and Other Integrated systems-Download RFP Indian Bank ISA Audit

Ambiguous tax treaties could hit FDI inflows – Ruia

July 3, 2011 618 Views 0 comment Print

Leading industrialist and Essar Group chairman Shashi Ruia has warned of an adverse impact on FDI inflows in India if its taxation laws with various countries remain ‘ambiguous’. The Government (of India) is signing a spate of treaties with other countries. But all this will come to nought if the treaties are ambiguous and open for departmental interpretation, he said during an address at the Indo-American Chamber of Commerce here late last evening.

FAQs on Companies (Cost Audit Report) Rules, 2011

July 3, 2011 3337 Views 0 comment Print

From which date is Companies (Cost Audit Report) Rules, 2011 effective from? -The Companies (Cost Audit Report) Rules, 2011 have been issued by the Ministry of Corporate Affairs vide Notification no. 430(E) dated 3rd June 2011. Cost Audit Reports submitted on or after 1st day of April, 2012, irrespective of the financial year for which the cost audit report is submitted, shall be governed by these Rules. Cost Audit Reports submitted till 31.3.2012 will be governed by the Cost Audit Report Rules, 2001.

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