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Archive: 2012

Posts in 2012

Initiatives taken by the Government for unearthing and curbing black money : A Fact Sheet

August 10, 2012 637 Views 0 comment Print

The Government of India has commissioned a study on unaccounted income/wealth both inside and outside the country bringing out the nature of activities engendering money laundering and its ramifications on national security.

Risabh Saboo scores 100 out of 100 in 2 IPCE Papers

August 10, 2012 7345 Views 0 comment Print

Rishabh Saboo who appeared for IPCE May 2012 Examination has scored 100 out of 100 in 1. Accounting & 2. Cost Accounting & Financial Management. Snap Shot of Online mark-sheet downloaded from ICAi website is as follows :-

Section 153A applies if incriminating material is found even if assessments are completed

August 10, 2012 3154 Views 0 comment Print

The Assessing Officer has the power under Section 153A to make assessment for all the six years and compute the total income of the assessee, including the undisclosed income, notwithstanding that the assessee filed returns before the date of search which stood processed under Section 143(1)(a). The other reason given by the Tribunal in the same paragraph of its order that no material was found during the search is factually unsustainable since the entire case and arguments before the departmental authorities as well as the Tribunal had proceeded on the basis that the document embodying the transaction with Mohini Sharma was recovered from the assessee.

No tds deductible on payment for banner advertisement to Yahoo Inc. USA

August 10, 2012 2589 Views 0 comment Print

Tribunal held that the payment made by assessee to a foreign company for the services rendered by it for uploading and display of the banner advertisement on its portal was in the nature of business profit and not royalty and such payment was not chargeable to tax in India as the recipient has no PE in India and, therefore, assessee was not liable to deduct tax at source from the payment for such services and the same cannot be disallowed by invoking the provisions of section 40(a)(i) for non-deduction of tax.

Section 14A applies even if the securities are held as stock-in-trade

August 10, 2012 1849 Views 0 comment Print

It is undisputed that the Revenue is aggrieved against the allowability of expenditure incurred in respect of earning dividend and interest income liable to tax at special rate u/s 115A, against the income chargeable to tax at normal rate. It is not a case and cannot be that such dividend and interest income are not at all chargeable to tax. The contention which has been made is that the expenses incurred by the assessee in respect of income liable to tax at special rate u/s 115A should not be allowed as deduction against the income chargeable to tax at normal rate.

Banks to allow saving account without requirement of minimum balance

August 10, 2012 4357 Views 0 comment Print

Banks are advised to offer a ‘Basic Savings Bank Deposit Account’ which will offer following minimum common facilities to all their customers: i. The ‘Basic Savings Bank Deposit Account’ should be considered a normal banking service available to all. ii. This account shall not have the requirement of any minimum balance.

ICAI accepts mistake in decleration of IPCE result of Divya Vasudeva

August 10, 2012 8604 Views 0 comment Print

Yesterday we reported an error in an result declared by ICAI of a student in which she was shown pass despite scoring less then 50%. ICAI has accepted the mistake and issued the following press release :-

Deduction u/s 54F available for flat purchased in minor daughters name

August 10, 2012 4197 Views 0 comment Print

Hon’ble Delhi High Court in case of CIT vs. Ravinder Kumar Arora (supra) and also by the ITAT, Madras Bench in 33 TTJ 466 (supra), we hold that the assessee will be entitled for deduction u/s 54F for the flat purchased in the name of his daughter subject to the restrictions under the proviso to section 54F(1) of the Act.

FAQs on Applicability of VAT on Construction projects in Maharashtra

August 10, 2012 22224 Views 22 comments Print

Admitting while not accepting that the State of Maharashtra can levy tax on such a transaction, will our members get the credit of input tax paid while effecting purchases of materials like cement, iron 86 steel etc. required to be used in the Construction project. The members would pay the tax under the MVAT Act as the applicable rate of 4% or 12.5% depending on the material required to be used?

TDS applicable only if the amount is expenditure or income of one of the party

August 10, 2012 4924 Views 0 comment Print

The provisions of TDS were introduced in the statute so that tax is collected by Revenue at source on certain types of income. In other words, it is the income which determines the extent or amount of tax to be deducted at source. Income sought to be taxed by taxing statutes is always the real income. In the instant case, it is clear that the lease rent for the relevant period was fixed at Rs. 6 Crores per annum.

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