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Archive: 2012

Posts in 2012

It is enough if bad debt written off as irrecoverable in the accounts of assessee, subject to provisions of S. 36(2)

February 18, 2012 2324 Views 0 comment Print

After 1-4-1989, it is not necessary for the assessee to establish that the debt, in fact, has become irrecoverable. It is enough if the bad debt is written off as irrecoverable in the accounts of the assessee, subject to the provisions of section 36(2) that such debt or part thereof has been taken into account in computing the income of the assessee of the previous year in which the amount of such debt or part thereof is written off or of an earlier previous year. As the appellant has shown the amount of Rs.23,00,894/- (claimed as short recoveries or bad debts written off) as its income in assessment years 2007-08 & 2008-09, the conditions laid down in the provisions of section 36(1 )(vii) read with section 36(2) of the Act have been fulfilled by the appellant. In these circumstances, it is held that the contention of the appellant is correct. The Assessing officer is accordingly directed to delete the addition ofRs.23,00,894/-.

If AO wants to use any witness against the Assesee then principle of natural justice demands offering the witness for cross-examination of the assessee

February 18, 2012 858 Views 0 comment Print

Kirti Realtors Pvt. Ltd. Vs. ITO (ITAT Delhi) – The remand report submitted by AO does not deny the fact that Mr. Jagdish Beniwal was acting as a coordinator for facilitating the purchase of pieces of lands in Alwar for and on behalf of the assessee. It has also not been denied that assessee did not give advance imprest money to him. Mr. Jagdish Beniwal has accepted that he used to assist assessee and thereafter the assessee was dealing with farmers directly. This does not rule out his role as a coordinator till the conveyances were registered. In his statement he has himself accepted having received an amount of Rs. 60,00,000/- from assessee and about the cash disbursement on pertinent question,

New Syllabus for the Foundation Programme of the Company Secretaryship Course

February 18, 2012 2444 Views 0 comment Print

The Council of the Institute of Company Secretaries of India in exercise of the powers vested under clause (a) of sub¬section (2) of Section 15 of the Company Secretaries Act, 1980, as amended by the Company Secretaries (Amendment) Act, 2006 has approved, on the recommendations of its Syllabus Review Committee, the detailed contents for the four papers of 100 marks each for Foundation Programme under the new syllabus.

Revised Recommendations for Combating Money Laundering and Financing of Terrorism

February 18, 2012 1285 Views 0 comment Print

Financial Action Task Force (FATF) Approved the Revised Recommendations for Combating Money Laundering and Financing of Terrorism in its Plenary meeting in Paris The Plenary Meeting of Financial Action Task Force (FATF) being held in Paris approved the revised recommendations for combating money laundering and financing of terrorism. The plenary also discussed the fourth follow-up report on India’s progress with reference to the Action Plan that it had committed to in June 2010. The plenary appreciated the actions taken by India and the commitment of India to the international Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) standards.

Guidance Note on Accounting for Self- generated Certified Emission Reductions (CERs) (Issued 2012)

February 18, 2012 3767 Views 1 comment Print

An issue that arises in accounting for carbon credits is that whether the carbon credits generated under the Clean Development Mechanism, i.e., CERs, can be considered as assets of the generating entity.

Guidance Note on Accounting for Rate Regulated Activities

February 18, 2012 3283 Views 0 comment Print

There are several basic methods for rate regulation and in each case, the application of a particular methodology may vary with the regulator, the entity being regulated and the circumstances faced. Some of the forms of rate regulation are cost of service regulation, price-cap mechanisms or a hybrid methodology featuring combinations of price cap and cost-of-service approaches.

Circular No. HQ/104/2007, dated 17/02/2012

February 17, 2012 1432 Views 0 comment Print

The Ministry of Corporate Affairs (MCA) has implemented MCA21 e-Governance Project. The Project is aimed at enhancing the service level efficiencies and bringing about certainty and speed in the operations of the Ministry of Corporate Affairs, particularly with regard to the delivery of all the Registry related services rendered by Registrar of Companies as defined under the Companies Act, 1956.

Payments received by the applicant from the distributor for sale of software product is in the nature of royalty

February 17, 2012 2100 Views 0 comment Print

In re Citrix Systems Asia Pacific Pty. Ltd.(AAR) – We find from the decision of the Karnataka High Court in CIT v. M/s. Samsung Electronics Co. Ltd (ITA No. 2808 of 2005) and connected cases that that High Court has held that in that case, the argument that it would be only a sale of copy of the copyright software could not be accepted.

Clarification regarding admissibility of exemption under area-based Notifications No. 49 & 50/2003-CE, both dated 10.06.2003 in specific situations – reg.

February 17, 2012 3386 Views 0 comment Print

Circular No. 960/03/2012-CX Your kind attention is invited to Notifications No. 49/2003-CE and 50/2003-CE, both dated 10.06.2003 which provide full exemption from excise duties to specified goods cleared from industrial units in the states of Uttaranchal and Himachal Pradesh for a period of ten years from the date of commencement of commercial production.

Lead Bank Scheme – Participation of Public Representatives like MPs/MLAs/Zilla Panchayat Chiefs in District Level Review Committees (DLRC)

February 17, 2012 538 Views 0 comment Print

Wherein Lead banks were requested to ensure the presence of MPs/MLAs in DLRC meetings as far as possible. Reference is also invited to circular RPCD.LBS.BC.85/02.01.01/2000-01 dated May 9, 2001 wherein the Lead banks were advised to adhere to instructions on participation of Members of Parliament and Public Representatives while convening the DLRC meeting.

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