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Archive: 09 April 2012

Posts in 09 April 2012

S. 2(22)(e) Registered shareholder must also be beneficial shareholder

April 9, 2012 1973 Views 0 comment Print

Even after the amendment with effect from 1988 and introduction of the words a person who is the beneficial owner of shares cannot be construed to in a way alter the position that the shareholder has to be the registered shareholder. The amendment imposes an additional condition that the registered shareholder must also be the beneficial shareholder of the company that has furnished loan/advance. the fact that the shareholders of the assessee company were also shareholders of the company which had given loan/advances is not sufficient and does not meet the requirement of Section 2(22)(e). The voting rights of the shareholder, i.e., the assessee can and should be taken into consideration.

Changes in MVAT Act 2002 by Recent Budget

April 9, 2012 9538 Views 0 comment Print

1. The exemption to wheat, rice, pulses and their flours, turmeric, chillies, tamrind, gur, coconut, cumin seeds, coriander seeds, fenugreek and parsely (Suva), papad, wet dates, solapuri chadders and towels which was to expire on 31.03.2012 will be continued till 31.03.2013. 2. The exemption of fabrics except furnishing cloth mentioned in Schedule ‘A’ (list of tax-free goods) to continue. However, furnishing cloth will be taxed @5% on last point.

Ideal Work Place of a Chartered Accountant

April 9, 2012 19509 Views 6 comments Print

When you start your own practice, the first thing comes into mind is that why the office should be? Whether we require a small space or should be start with a larger space! Where it should be situated, in the mid of the town or a crowed place or a separate place will work?

Low Tax Effect Circular retrospective & do not have Cascading Effect – HC

April 9, 2012 840 Views 0 comment Print

Mr. Sharma, learned A.S.G. however submits that the appeal has been filed prior to the issuance of circular dated 9th February, 2011, therefore, the circular does not apply to the present case.In the case of Commissioner of Income Tax V/s Polycott Corporation a Division Bench of this high Court, while interpreting similar Instruction No.2 of 2005, issued by the Central Board of Direct Taxes, regarding the earlier limit fixed for filing appeal before the High Court, has held that the circular would have a retrospective effect. In Commissioner of Income Tax V/s Smt. Vijaya V. Kavekar, a Division Bench of this Court, while interpreting the very circular which is involved in this appeal i.e. Circular No.3 of 2011, has held that the circular has a retrospective operation and instructions contained in the circular would apply even to the pending cases. Therefore, the contention of Mr. Sharma that the circular does not apply to the pending cases is rejected.

If Prima facie demand raised has no leg to stand, it should be stayed fully

April 9, 2012 1180 Views 0 comment Print

If on a cursory glance it appears that the demand raised has no leg to stand, it would be undesirable to require the assessee to pay full or substantive part of the demand. From the perusal of materials brought on record, we are of the view that the Commissioner having himself expressed opinion in the order that there is enough strength in the plea of the assessee for stay of the demand, there was no occasion to direct for deposit of 30 percent.

Document Required for PAN Application for Indian Citizen

April 9, 2012 5434 Views 0 comment Print

Document acceptable as proof of identity and address as per Rule 114 of Income Tax Rules, 1962, for individual and HUF applicants. Document acceptable as proof of identity and address as per Rule 114 of Income Tax Rules, 1962 for Company, Firm, Association of persons (Trust), Association of persons (other than Trusts) or Body of Individuals or Local authority or Artificial Judicial Person

Once a company shows in its accounts any money under the head paid up capital than it will be presumed that share has been allotted

April 9, 2012 1922 Views 0 comment Print

Explore C.P. No.11(111)/ERB of 1998 as Company Law Board delves into allegations, balancesheets, and share issues. Understand the final order on ultra vires claims.

RBI taken step to expand RTGS and NEFT facility to more banks

April 9, 2012 1873 Views 0 comment Print

Under the overall guidance of the Board for Payment and Settlement Systems, the Reserve Bank over the last few years, has been taking a number of steps to popularise the electronic payment systems in the country. In this connection, a reference is invited to circular DPSS.CO.OD.494/04.04.009/2011-2012 dated September 21, 2011, in terms of which, liberalised revised access criteria for centralised and decentralised payment systems were announced.

Quick Referencer On Sebi Circulars (April, 2011 – March, 2012)

April 9, 2012 3132 Views 0 comment Print

Limitation period for filing an arbitration reference. Review of annual issuers‘charges . Applications supported by blocked amount (ASBA) facility. Clarification on circular dated December 3, 2009 on dealings between a client and a stock broker. Self clearing member in the currency derivatives segment .

CBDT Guidelines for Stay of Demand

April 9, 2012 94881 Views 0 comment Print

It shall be the responsibility of the Assessing Officer and the TRO to collect every demand that has been raised, except the following : (a) Demand which has not fallen due;(b) Demand which has been stayed by a Court or ITAT or Settlement Commission;(c) Demand for which a proper proposal for write-off has been submitted;(d) Demand stayed in accordance with paras B & C below.

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