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Archive: 2012

Posts in 2012

Govt to examine possibility of a Common Tax Code for Service Tax and Central Excise

April 10, 2012 1899 Views 0 comment Print

As announced by the Union Finance Minister, Shri Pranab Mukherjee in his Budget speech, a Study Team has been set-up by the Government, under the leadership of Shri. M. K. Gupta to examine the possibility of a common tax code for service tax and central excise, which could be adopted to harmonize the two legislations. […]

Service tax rate on Air Ticket Issued before 1st April 2012

April 10, 2012 3730 Views 0 comment Print

Circular No.155/6/ 2012 – ST It has been brought to the attention of the Board that some airlines are collecting differential service tax on tickets issued before 1st April 2012 for journey after 1st April 2012, causing inconvenience to passengers. Representations have also been received in this regard. The position of law in the above respect is clear and is detailed below.

FDI Policy as amended up to 22-9-2012 – Circular 1 of 2012

April 10, 2012 2192 Views 0 comment Print

If the Indian company has extended a guarantee to a loan taken by non-resident entity (may be its subsidiary abroad), such guarantees are part of contingent foreign liabilities. In this case, under column1 of block 7, “Loan Guarantee” needs to be mentioned.

Transfer Pricing – In Realm of evolution – Part I

April 10, 2012 3597 Views 0 comment Print

Finance act 2012 has brought two landmark changes pushing us towards a comprehensive TP legislation. TP has been made applicable to domestic transactions and the much awaited Advance Pricing Agreement (APA) has been introduced. In the part I of this series we have tried to analyze proposed enactment relating domestic transfer pricing bringing out the purpose, impact and issues related with it.

FEMA – Rupee value of Special Currency Basket fixed at Rs.70.965327 with effect from March 13, 2012

April 10, 2012 919 Views 0 comment Print

AD Category-I banks are advised that a further revision has taken place on March 7, 2012 and accordingly, the Rupee value of the Special Currency Basket has been fixed at Rs.70.965327 with effect from March 13, 2012.

Excel Tips – How to round a number to thousands with hundreds shown as decimal

April 10, 2012 3366 Views 0 comment Print

To round a number to thousands with the hundreds shown as a decimal: 1. Press Ctrl+1 to open the Format Cells dialog box. 2. Select the Number tab, and from Category, select Custom. 3. In the Type box, enter the following Custom Formatting syntax: #,##0.0, ;[Red](#,##0.0,);- ;

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

April 9, 2012 2099 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 9667 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 20244 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 1032 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.

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