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Archive: 20 November 2011

Posts in 20 November 2011

ACIT Vs Modi Revlon Pvt Ltd (ITAT Delhi)

November 20, 2011 855 Views 0 comment Print

ACIT Vs Modi Revlon Pvt Ltd (ITAT Delhi) – When non-resident technology partner does not pass on proprietary right to assessee on transfer of knowhow, the royalty paid by the assessee under a knowhow transfer agreement is revenue expenditure

Commission/bonus paid to the Directors of the assessee company for business expediency would not fall under section 36(1)(ii)

November 20, 2011 21698 Views 0 comment Print

DCIT Vs. M/s CMR Design Automation Pvt Ltd (ITAT Delhi)- Assessee was paying Shri Mahesh Chandra as share holder a sum of Rs. 25 lacs per annum as salary. This compared very favourably with the salary being disbursed in the industry in which the assessee was placed. Moreover, all disbursements to Sh. Mahesh Chandra was cleared by Board Resolutions. The profit of the assessee company has also arisen phenomenally during the year. In other words, commission and bonus paid to Sh. Mahesh Chandra was an incentive, which was directly related to the profitability of the company.

ICAI asks questions on topics excluded from syllabus in question paper of Taxation, PCE Nov-2011

November 20, 2011 1986 Views 0 comment Print

t is allged by few students that ICAI has asked question from the topics which were excluded by it from syllabus for November 2011 examinations by two separate Announcement published on its website. The allegation were made by students of November 2011 PCE examination in respect of Taxation paper. We have also received an email from one such students in which he explained the discrepancy and requested ICAI to do the needful. He also mailed his mail to ICAI officials. Text of the email is given as under. We are not publishing here the name of student to protect the identity.

If secured assets have been wrongfully transferred, an order for return of such assets can be passed by DRT

November 20, 2011 606 Views 0 comment Print

(1) The main enforcing provision is Section 13 in Chapter III of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter called the Act). Section 13 provides that a secured creditor may enforce any security interest without intervention of the court or Tribunal irrespective of Section 69 or Section 69A of the Transfer of Property Act where according to sub-section (2) of Section 13, the borrower is a defaulter in repayment of the secured debt or any installment of repayment and further the debt standing against him has been classified as a non-performing asset by the secured creditor.

MCA requests to Expedite Filing Of Annual Return And Balance Sheet

November 20, 2011 381 Views 0 comment Print

To Avoid Last Minute Rush And System Congestion In MCA21 Towards End Of November 2011, Kindly Expedite Filing Of Annual Return And Balance Sheet Without Waiting For The Last Days Of The Month. During This Period, Roc Facilitation Centers/ Help Desks Would Give Priority In Efiling/ Answering Queries Of Companies For Filing Balance Sheet And Annual Return. The Companies Required To File Xbrl Documents May Also Do So At The Earliest.

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