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Archive: 2011

Posts in 2011

How to Register for online filing of Service Tax and Excise Returns

October 2, 2011 9241 Views 0 comment Print

To transact business on ACES a user has to first register himself/herself with ACES through a process called ,Registration with ACES,. This registration is not a statutory registration as envisaged in Acts/Rules governing Central Excise and Service Tax but helps the application in recognizing the bona fide users. Described below are steps for taking registration by a new assessee, existing assessee, non-assessee and a Large Taxpayer Unit (LTU).

E-Filing of Service tax and Excise Returns – Assessees Beware – Technical Delay Will Not Be Tolerated

October 2, 2011 6396 Views 0 comment Print

rejected by the application, the date of uploading of the rejected return will not be considered as the date of filing, rather the date of uploading of the successfully filed, return (after the assessee carries out necessary corrections and uploads it again) will be considered as the actual date of filing.

Late claims can not be rejected by the insurance companies mechanically -IRDA

October 2, 2011 8338 Views 0 comment Print

The current contractual obligation imposing the condition that the claims shall be intimated to the insurer with prescribed documents within a specified number of days is necessary for insurers for effecting various post claim activities like investigation, loss assessment, provisioning, claim settlement etc. However, this condition should not prevent settlement of genuine claims, particularly when there is delay in intimation or in submission of documents due t0 unavoidable circumstances. The insurers’ decision to reject a claim shall be based on sound logic and valid grounds. It may be noted that such limitation clause does not work in isolation and is not absolute. One needs to see the merits and good spirit of the clause, without compromising on bad claims. Rejection of claims on purely technical grounds in a mechanical fashion will result in policyholders losing confidence in the insurance industry, giving rise to excessive litigation.

Exposure Draft of Indian Accounting Standard (Ind AS) 41 Agriculture (Comments to be received by 15 November 2011)

October 1, 2011 2318 Views 0 comment Print

Exposure Draft Indian Accounting Standard (Ind AS) 41 Agriculture The following is the Exposure Draft of the Indian Accounting Standard (Ind AS) 41, Agriculture, issued by the Accounting Standards Board of the Institute of Chartered Accountants of India, for comments. The Board invites comments on any aspect of this Exposure Draft. The Board would particularly […]

ICAI – President's Message – October 2011

October 1, 2011 1549 Views 0 comment Print

Suggestions Submitted to MCA: We have sent our views on the proposed Forms 23 AC-XBRL and 23 ACAXBRL to be notified by the Ministry of Corporate Affairs, to the Ministry. We have also sent our views on the draft Companies (Auditor’s Report to the Central Government) Order, 2011 and the proposed Companies (Auditor’s Report) Order, 2011 to the Ministry of Corporate Affairs.

Despite specific queries in scrutiny assessment, AO cannot be said to have formed any opinion if explicit opinion not recorded

October 1, 2011 4402 Views 0 comment Print

Dalmia Pvt. Ltd. Vs CIT (Delhi High Court)- It is well settled that audit objection on the point of fact can be a valid ground for reopening of assessment. In the case of New Light Trading Co. vs. Commissioner of Income Tax, (2002) 256 ITR 391 (Del), a Division Bench of this court after referring to the decision of Supreme Court in CIT vs. P. V.S. Beedies Pvt. Ltd. (1999) 237 ITR 13 (SC), has held as under (at page 393) :’In the case of P. V. S. Beedies Pvt. Ltd. [1999] 237 ITR 13, the apex court held that the audit party can point out a fact, which has been overlooked by the Income-tax Officer in the assessment.

Conversion of stock into investment in order to avoid payment of full tax attracts penalty u/s. 271(1)(c)

October 1, 2011 1044 Views 0 comment Print

CIT Vs Splender Construction (Delhi High Court)- When the land which was held as stock in trade for several years is converted into investment just before the sale, it can be said that the assessee did so to pay lesser taxes, and it amounts to furnishing inaccurate particulars, warring levy of penalty . If Merits Successively Rejected, Issue “Not Debatable.

PMS Fees not deductible against capital gains. Despite dissenting orders, reference to Special Bench not necessary – ITAT Mumbai

October 1, 2011 2528 Views 0 comment Print

Shri Homi K. Bhabha Vs ITO (ITAT Mumbai)- Ordinarily neither the assessee nor the Revenue can be allowed to re argue the same issue over and over again, when it has already been decided by a coordinate bench of the tribunal.

ICWAI – President Communique for October, 2011

October 1, 2011 1092 Views 0 comment Print

The series of seminars on CARR and CAR continued during the month also, starting from Mysore Chapter on 4th September 2011 and followed by WIRC programme in Mumbai on 16th and 17th September. The XBRL meeting was kick started during the month with Hyderabad hosting the first meeting on 6th September 2011, which was also webcast (witnessed in India and abroad).

XBRL – Registration of Certified Filing Centres (CFC)

October 1, 2011 976 Views 0 comment Print

Requests including from Professional Institutes have been received seeking re-opening the registration process of CFCs and allow enrolment of more CFCs so that the involvement of professionals in XBRL and peak filing can be expanded to a large extent. The Ministry has considered the requests and decided to re-open the registration process for a period of 2 months from October 1, 2011.

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