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Archive: 27 August 2011

Posts in 27 August 2011

Interest from Bank by Housing Society Taxable – Principle of mutuality do not apply

August 27, 2011 7269 Views 0 comment Print

It is not possible to accept the contention of the counsel for the assessee that interest earned even from third parties would be exempt from the charge of income-tax, in all types of transactions. The ratio therein is that, if an incorporated entity is engaged in trade, the profit from it, even if they are transactions with members, would be taxable and the principle of mutuality would have no application.

Important message on XBRL Taxonomy and Validation Tool

August 27, 2011 1559 Views 0 comment Print

Representations from stakeholders on accounting and technical aspects of the Taxonomy to be used for XBRL filings of financial statements by the companies were received by the Ministry of Corporate Affairs. These suggestions/comments were referred to ICAI for modification and improvements in the Taxonomy.

PM's speech in the Lok Sabha debate on Corruption and Lokpal Bill

August 27, 2011 618 Views 0 comment Print

Madam, it has been mentioned to me that Shri Anna Hazare and his colleagues are very keen that their Bill should be discussed in the Parliament. I have not thought over this matter in great depth, but a thought comes to me that perhaps we could have a debate in this House on all the Bills that are in the public domain and have a discussion what are the weak points of various Bills and what are the strong points of various Bills and at the end of that debate, send the whole record for consideration of the Standing Committee of the Parliament. I have a feeling that this will meet the point that Shri Anna Hazare and his colleagues have been making that Parliament must have a chance to give its views on their Bill before sending it to the Standing Committee and therefore, I submit to this august House that this is one via media which will respect the parliamentary supremacy and, at the same time, enable Parliament to take on board ideas contained in the Lokpal Bill drafted by Shri Anna Hazare and his colleagues.

Appellate authority has every right to remand a matter on a specific point if the mistake of the authority below is limited to that very point and, in such a situation, there is no necessity to pass an order of a fresh assessment on all points

August 27, 2011 1821 Views 0 comment Print

Surajmall Lalchand & Sons Vs ACIT- XI (Calcutta High Court)- In the case of CIT vs. H. P. State Forest Corporation Ltd (supra), a Division Bench of Himachal Pradesh High Court was considering a case where the accounts of the assessee, a State Government Corporation, not having been audited by the office of the Comptroller and Auditor General, the Assessing Officer treated the assessee’s return as a non est and passed order of assessment under Section 144 of the Act.

Striving For Freedom in Independent India

August 27, 2011 444 Views 0 comment Print

Dr.  Sanjiv Agarwal  While India celebrated it 64th independence day early this month, independent India still struggles for freedom in more than many ways. It is indeed time for one and all to introspect in retrospect and prospect as to what we have achieved and what we ought to be, as an  individual , as […]

Discretion lies with the Tribunal to admit additional evidence in the interest of justice

August 27, 2011 4657 Views 0 comment Print

CIT Vs Text Hundred India Pvt. Ltd. (Delhi High Court)- Rule 29 of the ITAT Rules – Additional evidence should be allowed to be submitted at the Tribunal to prove benefit received by receipt of management services by the Assessee. AO denied deduction of management services charges alleging that the same didn’t provide benefits to the recipient of services.

Transfer Pricing- Comparables have to be compared on similar standards

August 27, 2011 1370 Views 0 comment Print

All the com parables have to be compared on similar standards and the assessee cannot be put in a dis-advantageous position, when in the case of other companies adjustments for under utilisation of manpower is given. The assessee should also be given adjustment for under utilisation of its infrastructure. The AO shall consider this fact also while determining the ALP and make the TP adjustments.

If Additions based on seized materials sustained, penalty is warranted

August 27, 2011 952 Views 0 comment Print

Triumph International Finance I Ltd Vs ACIT (ITAT Mumbai)- the undisclosed income determined in the case of the assessee is not as a result of disallowing any claim of the assesse because the same is not allowable as per the provisions of law but undisclosed income has been determined on the basis of the evidences found during the course of search, which has established the fact that the true nature of transactions have not been recorded by the assessee in the books of account and the same has resulted the undisclosed income.

TRO can sell the right, title and interest of the defaulter assessee and nothing more, If the said right, title and interest is hedged with the conditions or fetters, the sale will be made subject to the said condition/fetters

August 27, 2011 1200 Views 0 comment Print

CIT Vs M/s Mono flex India Pvt Ltd (Delhi High Court)- Whether when the property, which was auctioned by the TRO for recovery of tax, is a leased property to the defaulter under a perpetual lease agreement, the right in the said property can only be transferred after payment of the unearned increase payable to the lessor of the property as was payable under the lease agreement

ICSI – Last date for Annual Membership fee for the year 2011-12

August 27, 2011 627 Views 0 comment Print

The names of the member s who will not remit their annual member s hip fee for the year 2011-12 by the la s t extended date i.e. 31st August, 2011 will stand removed from the Register of members w.e.f. 1st September, 2011. They shall be required to pay the entrance fee of Rs. 1500/- and Rs. 1000/- respectively for ACS & FCS for restoration of membership in addition to restoration fee of Rs. 250/- and annual membership fee.

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