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ICAI Quality review Board- Foreign Tour with Prior Govt. approval

February 8, 2016 1660 Views 0 comment Print

The Chairperson and Members nominated by the Central Government to the Board, shall not undertake any foreign tour without the prior approval of the Central Government. Whenever such a tour is proposed, the proposal should give full justification for the tour, including its purpose, necessity and the expected outcome of the tour for the consideration of the Central Government.

Manner of Signing of Certificates by Chartered Accountants

February 7, 2016 6444 Views 0 comment Print

With a view to bring uniformity in the manner of signing of certificates, has decided to require the members of the ICAI to include (in addition to any other requirements in this regard prescribed by the relevant law or regulation under which the certificate is being issued) the following details in their “Signatures” on the certificates issued by them:

Introduction to Service Tax in Brief

February 7, 2016 4550 Views 0 comment Print

Budget 2012 has ushered a new system of taxation of services, which is also popularly known as Negative list. The new changes are a paradigm shift from the existing system, where only services of specified descriptions were taxed. Old scheme (before 30.06.2012) levied tax on 119 prescribed services and every service has a unique code, but new scheme (from 01.07.2012) levies tax on all the services except certain negative listed services.

License fee for use of application software with limited right to use, is revenue expenditure u/s 37

February 7, 2016 4214 Views 0 comment Print

ITAT Delhi held In the case of GE Capital Business Process Management Serves Pvt. Ltd. vs. ACIT that M/s. GECC (USA), to whom payment has been made, itself has received the right to use the software internally including its group entities for its business and it does not have any right to commercially exploit the software.

Allowance of interest on bank loan is case of Advance to subsidiary & Loans to directors out of reserves

February 7, 2016 1251 Views 0 comment Print

The court also agreed with the view of Delhi HC in CIT vs Dalmia Cement Ltd [ 2002 (254) ITR 377], wherein the court held that once it is established that there is nexus between expenditure and purpose of business (which need not be necessarily be the business of the assessee itself), the Revenue cannot proceed to disallow the claim.

Ready Reckoner -Secretarial Standard 1 (Board Meeting)

February 7, 2016 5204 Views 0 comment Print

The Ministry of Corporate Affairs conferred its approval to Secretarial Standard-1 (relating to Board Meeting) and Secretarial Standard-2 (relating to General Meeting) issued by the Institute of Company Secretaries of India (ICSI). No other country of the world except India has yet adopted the Secretarial Standards (SS). The Board of Directors play an imperative role in the functioning, governing, progression of an organization.

Summons Under Service Tax Provisions

February 7, 2016 46688 Views 1 comment Print

Legally a ‘summons’ is a legal document issued by a Court or by an administrative agency of a Government for various purposes. Summons is of various types. One among them is ‘notice to appear’. In this summons is prepared and served on a person by a law enforcement officer, compelling the appearance of a person before him within a certain period of time or on certain date to give information or furnish documents etc.,

Budget 2016: Recapitulation Of Errors That Need Instant Rectification!

February 7, 2016 1470 Views 0 comment Print

With the budget round the corner, the Department of Ministry of Finance is flooded with the representations conveying the expectations, suggestions, amendments and clarifications in the laws to be implemented in the forthcoming budget. Although, the list of expectations and amendments needed is never ending, but this article is penned to highlight the changes expected by the assessees in indirect taxation laws which if not considered, may create difficulties in doing business in an easy manner thereby refuting the motto of ‘ease of doing business’.

Whether Excise duty can be demanded jointly and severally?

February 7, 2016 2474 Views 0 comment Print

The primary and fundamental meaning of Excise Duty or Duty of Excise is tax on articles produced or manufactured in the taxing country and intended for home consumption (i.e. consumption within the same country). It is an indirect duty which the manufacture or producer passes on the ultimate consumer, that is, its ultimate incidence will always be on the consumer. What attracts the duty of excise is an activity, namely, the production or manufacture of goods.

Reassessment u/s 147 not permissible merely on change of opinion: ITAT

February 7, 2016 2669 Views 0 comment Print

ITAT Mumbai held In the case of ACIT vs. Reliance Industrial Infrastructure Ltd. that on perusal of the reasons recorded by AO for initiating the re-assessment proceedings, it is clear that the said details were available while completing the assessment u/s 143(3). Further, the AO has reopened the assessment after expiry of four years from the end of the relevant assessment year.

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