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Archive: 05 July 2012

Posts in 05 July 2012

CS in Practice recognised to appear before Delhi Value Added Tax Authorities

July 5, 2012 309 Views 0 comment Print

We are pleased to inform you that the Government of Delhi has notified Delhi Value Added Tax (Second Amendment) Act, 2012 vide Notification No. F.14 (6)/LA-2012/cons2law/61 dated 15th June 2012 amending Section 82(1)(b)to include the Practising Company Secretaries to appear before the Delhi VAT authorities. By this amendment, Company Secretaries may directly attend before any authority in connection with any proceedings under Delhi Value Added Tax Act.

View Solicited on MCA Exposure Draft on XBRL Taxonomy based on Revised Schedule VI

July 5, 2012 688 Views 0 comment Print

Ministry of Corporate Affairs (MCA) has come out with an Exposure Draft on XBRL taxonomy for Commercial and Industrial (C&I) entities for filing their Balance Sheet and Profit and Loss Account for the financial year 2011-12 based on Revised Schedule VI.

Accounting for agreements for the construction of real estate [IFRIC 15 under IFRS]

July 5, 2012 1220 Views 0 comment Print

On 3 July 2008, the International Financial Reporting Interpretations Committee (IFRIC) issued IFRIC 15 Agreements for the Construction of Real Estate. The Interpretation addresses the accounting for revenue and associated expenses by entities that undertake the construction of real estate directly or through subcontractors. Agreements within the scope of IFRIC 15 are described as ‘agreements for the construction of real estate’, and may include the delivery of other goods or services. IFRIC 15 addresses two (related) issues:

Service Tax on Renting – Immovable property do not include hotels, hostels, boarding houses, Residential House property

July 5, 2012 9402 Views 0 comment Print

Appellant has rented out / leased the land along with the entire building, swimming pool and restaurant, bar, parking etc. with all the facilities as provided in the base building and the amenities and facilities under an agreement on monthly rental basis and a hotel is being run in the said building by M/s. Royal Orchid Banjara Pvt. Ltd. – in view of Explanation-1, clause (d) to the entry in section 65(105)(zzzz), it cannot be said to renting of immovable property.

In the absence of right to receive advance cannot be treated as Income

July 5, 2012 1388 Views 0 comment Print

Even though assessee is following the cash system of accounting, following the decision of the Hon’ble Supreme Court in the case of Commissioner of Income tax. v. Shoorji Vallabhdas & Co, 46 ITR 144 relied on by the Counsel before the Bench that mere advance received does not partake the character of income, it is necessary to examine whether the advances are in the nature of revenue receipt or not. Not only that the amounts accrued to the applicant out of the advance received in the assessment year 2005-06 were already transferred to professional income and were assessed as such.

Deduction u/s. 80-IAB to SEZ developer allowable on income by way of lease rentals of developed area

July 5, 2012 9480 Views 0 comment Print

The assessee is an approved Developer of SEZ. The only activity carried on by the assessee is developing a sector specific SEZ. It has leased out the developed plots to the entrepreneurs who had obtained the letter of approval from the competent authority. Sec.80-IAB provides that setting up of a SEZ is the business of developing SEZ. Therefore, the assessee is not expected to perform any other activity than developing of a SEZ to qualify for deduction. In the facts and circumstances of the case, we find that the lower authorities are not justified in refusing deduction under sec.80-IAB. The claim of deduction made by the assessee under sec.80-IAB is in accordance with law. The assessing authority is directed to give the deduction.

CAs are capable of putting a stop to corruption & black money

July 5, 2012 1424 Views 0 comment Print

Kicking off the golden jubilee celebration of Institute of Chartered Accountant of India’s (ICAI) Ahmedabad branch today Chief Minister Narendra Modi said that chartered accountants are capable of putting a stop to corruption and black money. They should come out for fulfill their obligation towards the nation and bringing transparency in the economy.

Taxability of BOT Contracts under Punjab VAT Act, 2005

July 5, 2012 2666 Views 0 comment Print

In today’s Global Economy BOT Contracts are playing vital role in the Development of infrastructure but there is no proper legislation and pronouncements which clarifies the status of taxability on these type of transactions. It is very disappointing to point out that tax authorities in their enthusiasm to generate more revenue are trying their level best to cover these types of transactions in the category of works contract whereas infact in my opinion these transactions are outside the purview of taxability under the works contract.

Govt extends 1 pc home loan subsidy scheme by one year

July 5, 2012 1253 Views 0 comment Print

The Union Cabinet today approved the proposal for extending the scheme of interest subvention of 1% on housing loans upto Rs.15 lakh where the cost of the house does not exceed Rs.25 lakh for the year 2012-13 and to amend the operational part of guidelines for release of funds.

Reduction of Time-line for Transfer of Equity Shares & Prescription of Time-line for Transfer of Debt Securities

July 5, 2012 828 Views 0 comment Print

The listing agreement for equity shares prescribed under the Securities Contracts (Regulation) Act, 1956 inter alia specifies a period of one month for registering transfer of shares from the date of lodgment. With a view to expedite the transfer process in the interest of the investors, it has been decided, in consultation with Registrars Association of India (RAIN), Stock Exchanges and market participants to reduce the time-line for registering the transfer of shares to 15 days. The same time-line shall also be applicable for transfer of debt securities.

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