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Archive: 25 September 2011

Posts in 25 September 2011

Summary of recent Rationalisation and Liberalization in External Commercial Borrowing (ECB) Policy

September 25, 2011 3678 Views 0 comment Print

On a review of the current ECB policy, it has been decided, in consultation with the Government of India, to further rationalise and liberalize the ECB Policy as under : (i) The limit for eligible borrowers to avail of ECB under the automatic route per financial year has been enhanced as follows: corporates in real […]

Download book covering direct and indirect tax, accounting standards, LLP, Companies Act, Partnership Act in brief

September 25, 2011 13058 Views 0 comment Print

ICAI has released Book titled ‘Quick Insight on CA profession’ to be circulated to all CA firms/ practitioners for ready reference and it includes matters relating to direct and indirect tax, accounting standards, list of mandatory statements and standards on auditing, peer review, information regarding forms relevant to students, websites, contact e-mail ids of Committees of the Institute and that pertaining to the Companies Act, 1956 and LLP.

Service Tax on Goods Transport Agency – Pay peanuts worry extra

September 25, 2011 7980 Views 0 comment Print

Since inception year 1997, Goods Transport Agency (GTA) Service is caught by bundles of controversies like a celebrity always stay for the publicity stunt. Service Tax Legislation was just 3 years old and one can forget the childish introduction of GTA Service. However, even after sequential amendments the levy has ended up being a migraine for tax payers.

Understanding Deemed Dividend with Latest Case Laws

September 25, 2011 65319 Views 3 comments Print

It is very important to have the knowledge of provisions of deemed dividend under section 2(22)(e) of the Income tax act, 1961 before making any transaction with the closely held companies.

Service Tax – Renting of Immovable Property Service- HOME SOLUTIONS RETAILS (INDIA) LTD Vs UNION OF INDIA & ORS – Delhi HC

September 25, 2011 1415 Views 0 comment Print

In the dictionary clause in Section 65(90A), while defining renting of immovable property, it has been stated that it includes renting, letting, leasing, licencing or other similar arrangements for immovable property for use in the course or furtherance of business or commerce.

Deduction U/s. 80IB on income declared during the survey not available if Assessee fail to prove that same is generated from/derived from the industrial undertaking

September 25, 2011 7928 Views 0 comment Print

Maa Vaishno Devi Ginning Pressing Udhyog Dhamnod Vs. DCIT (ITAT Indore) – No evidence was either found during survey or explained by the assessee which could establish that the surrendered income was earned from industrial undertaking. There is a uncontroverted finding in the impugned order that no purchase bills, sale bills, ginning charges bills, pressing charges bills were found during survey operation which remained to be recorded in regular course of business of industrial undertaking, therefore, there is no basis for claiming the surrendered income to be generated from/derived from the industrial undertaking. There is further finding that no entry tax, sales-tax, other taxes were found paid by the assessee on such unrecorded transactions, therefore, the onus is clearly on the assessee to substantiate its claim which has not been discharged.

How to e-file Service tax Return in ACES?

September 25, 2011 21103 Views 0 comment Print

How to e-file return in ACES? Log onto www.aces.gov.in and Click ‘Service Tax’ Link on top menu bar. If you are registered with ACES, use your username and password to log-in. Select your return from RET menu and submit self-assessed return online. If not registered with ACES, furnish e-mail ID of the authorized person to your Range officer and an e-mail with T-PIN (Temporary User ID) and Password will be sent to enable you to register with ACES. If you do not receive e-mail, please check spam mail folder or contact Range Officer .

How to Pay MCA 21 Fees / ROC fees Via NEFT (Updated)

September 25, 2011 34766 Views 2 comments Print

Currently MCA21 payments are allowed via Credit Card, Internet Banking & Physical Challan. The Ministry has authorized 5 banks (Indian Bank, HDFC, ICICI, PNB and SBI) for collection of MCA21 fees, which means that only the account holders of these banks can avail Internet banking facility. Further, payment via challan can only be made in the authorized branches of these above five banks. Though this was a major improvement compared to the earlier manual system, it caused delays in incorporation of companies and processing of other eForms.

Transfer Pricing – Benchmark cannot be applied on a global basis but has to be on a transaction basis ; Tribual explains Important Principles of Cost Plus, CUP and TNMM

September 25, 2011 2852 Views 0 comment Print

By way of this appeal, the Assessing Officer has challenged correctness of CIT(A)’s order dated 29th March 2010, in the matter of assessment under section 143(3) of the Income Tax Act, 1961 for the assessment year 2 004-05, mainly on the following ground:

Company can follow cash accounting system for tax purposes even though section 209(3) of Companies Act mandates accrual system

September 25, 2011 10745 Views 0 comment Print

Assessee has been following cash system of accounting and this method has been regularly employed by the assessee in recording its day today business transaction. It is not a case where the assessee has been maintaining its accounts of day to day business under the mercantile system of accounting and thereafter prepares accounts in accordance with cash system of accounting for income tax purposes. The AO has placed strong reliance on the decision of the ITAT Delhi in the case of Amarpali Mercantile Pvt. Ltd.(supra).

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