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Archive: 2012

Posts in 2012

A.O cannot reassess other issues if issues in respect of which proceedings initiated ceased to survive

August 14, 2012 2942 Views 0 comment Print

It thus remains an undisputed fact that no addition has been made on the reasons recorded for reopening the completed assessment. Now, what is to be seen is as to whether, as contended by the assessee, since no addition has been made on the reasons recorded, no reasons for reopening the completed assessment survive and, consequently, the completed assessment could not have been reopened, or whether in spite of no addition having been made qua the reasons recorded, those reasons still survive and the reopening on the basis of those reasons is in order, as maintained by the department.

500 Files stolen from Income tax Office

August 14, 2012 2242 Views 0 comment Print

Files go missing from government offices all the time. But on this occasion the Income Tax (I-T) department has a legitimate reason. Thousands of files belonging to various business enterprises are believed stolen from one of the I-T offices at Bandra-Kurla Complex (BKC) after burglars broke into the sixth floor of the building. The department lodged a formal complaint at the local police station on Wednesday.

Official Liquidator duty-bound to take expeditious steps for sale of assets of company

August 14, 2012 2323 Views 0 comment Print

The application for direction for sale was specially assigned to His Lordship. His Lordship should have disposed of the same either by dismissing it if His Lordship so feels it proper or allow it directing Official Liquidator to take expeditious steps for sale. Further directions for advertisement and conduct of sale would remain with the learned Company Judge.

No statutory compulsion on companies to declare and pay dividends every year

August 14, 2012 1669 Views 0 comment Print

The data regarding companies which have not given dividend to their shareholders is not maintained in this Ministry. Further, there is no statutory compulsion on the companies under the Companies Act 1956 to declare and pay dividends to their shareholders every year.

Eligibility of a paid assistant working with a firm of CAs for the purpose of engagement of articled assistants

August 14, 2012 2056 Views 0 comment Print

ANNOUNCEMENT Eligibility of a paid assistant working with a firm of chartered accountants for the purpose of engagement of articled assistants – Amendment to the Regulation 43 of the Chartered Accountants Regulations, 1988 This is to inform all concerned that with the issuance of the Notification No.1-CA (7)/145/2012 on August 1, 2012, the period of […]

Company wind-up power is conferred on Court & notwithstanding any arbitration agreement

August 13, 2012 1047 Views 0 comment Print

Power of winding up of a company was conferred on the Court and notwithstanding any arbitration agreement between the parties the arbitrator would have no jurisdiction to pass the said order. We fail to appreciate, how this decision would help us to decide the present controversy.

FAQs- Domestic / NRI Deposits, Advances against Shares and Debentures, Donations, Loans for Premises and Service Charges

August 13, 2012 531 Views 0 comment Print

RBI FAQs ON DOMESTIC DEPOSITS, DEPOSITS OF NON-RESIDENTS INDIANS (NRIs),  ADVANCES, ADVANCES AGAINST SHARES AND DEBENTURES, DONATIONS,  LOANS FOR PREMISES AND  SERVICE CHARGES Department of Banking Operations and Development Central Office I. DOMESTIC DEPOSITS Q 1. Whether banks can accept interest free deposits? Ans. Banks cannot accept interest free deposits other than in current account. […]

Extension of due date for filing MVAT return for the period ending 30th June 2012

August 13, 2012 2880 Views 0 comment Print

The due date for the return period ending June 2012 (i.e. for monthly and quarterly filers) was 21st July 2012. By virtue of the Para 5 of Trade Circular 1T of 2009 dated 12th January 2009 the additional 10 days period was provided for uploading of the return provided that these dealers made the payment of tax due as per return on or before the prescribed due date.

Cost to be allocated for credit monitoring by Indian branch for its peer foreign branch

August 13, 2012 1228 Views 0 comment Print

The assessee had submitted that direct salary cost should be considered and indirect overhead cost should not be considered as concerned employees performed insignificant role for the credit monitoring assistance done for the overseas associate enterprises. However, it is true that no fresh ECB loans have been granted during the year under consideration, but services indeed have been rendered by the assessee to its overseas entities.

Contractor to deduct TDS u/s. 194C on work he got done from sub-contractor even if sub-contractor raises bill directly in the name of party

August 13, 2012 14398 Views 0 comment Print

Entire nature of work comes squarely within the realm of ‘carrying out any work in pursuance of a contract’ as stipulated in section 194C. ‘Carrying out any work’ has a very wide import, which includes within its ambit not only simply works contract but also all kind of work, which a person carries out in pursuance of a contract.

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