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Archive: 2011

Posts in 2011

ICAI – Office in-charge can only be Partner or paid assistant in whole time employment who attends such office for a period of not less than 182 days

August 17, 2011 3741 Views 0 comment Print

A member designated In-charge of an office of a chartered accountant in practice or a firm of such chartered accountants should be associated with the concerned chartered accountant/firm of chartered accountants as a partner or as a paid assistant, and that if such a member was a paid assistant, she/he should be in whole time employment. Such an association shall be deemed to exist if such a partner/paid assistant resides in the place where the Office is situated for a period of not less than 182 days in a year or if he attends that office for a period of not less than 182 days in a year

Whether, for the purpose of making addition, the findings of Customs authorities would prevail over the sales tax assessment order?

August 17, 2011 534 Views 0 comment Print

Bhuwania Steel & Metal Pvt. Ltd. Vs ITO (ITAT Mumbai)- On investigation of the assessee’s purchases, it was noticed that the same were from Shri Shivkaran Goel who admitted before the Customs authorities as well as AO that he had not supplied any goods to the assessee, with which flanges liners with 55% tin could be manufactured.

Interest cannot be disallowed if assessee had ample funds at the time of investing in subsidiary companies

August 17, 2011 1679 Views 0 comment Print

Mid-Day Multimedia Ltd Vs Dy. CIT (ITAT Mumbai)- The provisions of rule 8D of the Rules which have been notified with effect from March 24, 2008, would apply with effect from assessment year 2008-09. Even prior to assessment year 2008-09, when rule 8D was not applicable, the AO had to enforce the provisions of sub-section (1) of section 14A. For that purpose, the AO is duty bound to determine the expenditure which has been incurred in relation to income which does not form part of the total income under the Act. The AO must adopt a reasonable basis or method consistent with all the relevant facts and circumstances after furnishing a reasonable opportunity to the assessee to place all germane material on the record.

Maintainability of Assesses claim for deduction U/s. 80IA if he sets up windmills at different places in different years

August 17, 2011 2516 Views 0 comment Print

Pidilite Industries Limited Vs DCIT (ITAT Mumbai) – Section 80-IA(5) provides that notwithstanding anything contained in provision of this Act, the profits and gains of an eligible business to which the provisions of sub-section (1) apply, shall for the purposes of determining the quantum of deduction under that sub-section for the assessment year immediately succeeding the initial assessment year or any subsequent assessment year, be computed as if such eligible business were the only source of income of the assessee during the previous year relevant to the initial assessment year and to every subsequent assessment year up to and including the assessment year for which the determination is to be made. It is noticed that by virtue of sub-section (5), section 80-IA has become a stand alone provision.

How does the Reserve Bank of India Conduct its Monetary Policy?

August 17, 2011 3338 Views 0 comment Print

Monetary policy as an arm of public policy has set objectives and priorities. These objectives are derived from the respective mandates of central banks. It ranges from a single objective of price stability, considered to be the dominant objective of monetary policy, to multiple objectives that include growth and financial stability as well. Central banks strive to achieve these objectives indirectly through instruments under their direct control and on the basis of the empirical relationship these instruments have with the final objectives. This requires articulation of a consistent monetary policy framework that enables transmission of policy signals in such a way that monetary and financial conditions are influenced to the desired extent to attain the objectives. Monetary policy framework, however, is a continuously evolving process contingent upon the level of development of financial markets and institutions, and the degree of global integration.

ICAI issues Verification Status of May-2011 CA Final Examinations

August 16, 2011 6434 Views 0 comment Print

Verification Status of May-201 1 Examinations (Final) 1) Roll Numbers of candidates where no change in marks found Click Here All these candidates have been intimated by post. 2) Roll Numbers of candidates where change in marks found but there is no change in result or exemption in applied papers found Click Here Revised statement of marks has been sent.

Transactions of sale of shares of a closely held company can be construed as transfer of land and short term capital gain is chargeable

August 16, 2011 3337 Views 0 comment Print

Bhoruka Engineering Inds. Ltd. Vs DCIT (ITAT Bangalore)- The whole transaction has been arranged in a sequential manner with M/s. Bhoruka Steel Ltd selling its landed property to BFSL for a nominal value of Rs. 3.75 crores ; BFSL never before doing any business other than financial services purchases the land for Rs. 3.75 crores ; immediately thereafter the assessee company and its entire group holding 98.73% of shares in BFSL selling the share holding to DLF­CDL for a consideration of Rs. 89,28,36,500/- without attracting any levy of taxation.

Income from provision of sea logistic services taxable under presumptive scheme – AAR

August 16, 2011 1223 Views 0 comment Print

Siem Offshore Inc.Versus Commissioner concerned Director of Income-tax, Advance Ruling Authority- The payment for hire of vessels provided by the Applicant to Trans ocean would be covered under the definition of ‘plant’ as defined under section 44BB of the Act. Accordingly, consideration received for supply of vessels on hire used for offshore drilling activities and marine operations would be covered within the purview of section 44BB of the Act.

Repayment of capital to the partners in the form of uncrossed cheque would not be liable to penalty u/s 269T

August 16, 2011 3656 Views 0 comment Print

ITO Vs M/s Universal Associates (ITAT Ahemedabad)- Considering the facts of the case in the light of the above decisions, we are of the view that the at least the assessee has been able to explain reasonable cause for failure to comply with the provisions of law. The ex-partners have introduced their capital in the assessee firm and on retirement they were given their amount back through bearer cheques and, therefore, the assessee is able to prove that it had reasonable cause for failure to comply with the provisions of law.

Whether non-competition fee paid to assessee allowable as revenue expenditure?

August 16, 2011 1279 Views 0 comment Print

Procter & Gamble Distribution Co. Ltd. Vs JCIT (ITAT Mumbai)- Whether the non-competition fee paid to the assessee is allowable as revenue expenditure– Whether the amount paid for licence fee is revenue expenditure for the rights granted which are non-exclusive rights to use the trademarks

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